Today, the society is constantly evolving. Many people always want to earn as many benefits for themselves as possible. In life, lots of crimes after being declared the sentence from the court will go to prison. So about the matter “Regulations on prison transfer under Vietnam law”, Let’s find out with LSX in the article below.
Legal grounds
- Law on Criminal Judgment Execution 2019
The organizational structure of the prison
The prison is organized as follows:
– Prison subdivision: The prison subdivision of the prison has the task of organizing the management, detention, education and re-education of inmates in accordance with the Party’s line and the State’s laws and policies.
– Detention area (belonging to prison subdivision):
• Detention areas for prisoners with a prison term of more than 15 years, life imprisonment, inmates in dangerous recidivism cases;
• Detention areas for prisoners with prison sentences of 15 years or less; inmates with a prison term of more than 15 years have their sentences reduced and the remaining term of imprisonment is less than 15 years; the inmate is a dangerous recidivism, has served half of the prison term and has had his/her imprisonment term reduced.
– Jail:
• Shared prison: Each cell holds no more than 50 prisoners;
• Separate prison: Each cell holds no more than 08 prisoners
• Disciplinary house: Each prison cell holds no more than 02 disciplined inmates
– Service works:
• Works serving labor, study, daily life, medical care; re-education, vocational guidance and vocational training for inmates;
• Works serving working, studying, living and other conditions for officers, non-commissioned officers, soldiers, professional soldiers, public security workers, defense workers working in prisons.
– Labor and vocational training area:
• Labor and vocational training zones for inmates built and directly managed by prisons;
• Labor and vocational training areas for prisoners are built by organizations and individuals in the area of land managed by the prison and handed over to the prison for direct management and use during the cooperation period. Labor and vocational training zones are responsible for organizing the management, detention, education, labor and vocational training for inmates in accordance with law.
The labor and vocational training zone has the following work items:
• Prisons for prisoners are built solidly and firmly to ensure security and safety according to the regulations of the Ministry of Public Security and the Ministry of National Defense;
• Works for study, daily life and medical care; education, labor and vocational training for inmates;
• Works serving working, studying, living and other conditions for officers, non-commissioned officers, soldiers, professional soldiers, police workers, defense workers working in labor zones , vocational guidance, vocational training
As for the organization of the prison management apparatus, it includes: Superintendent, Deputy Superintendent, Head of the camp, Deputy Head of the camp, Team Captain, Deputy Captain; officers, professional soldiers, non-commissioned officers; Soldiers and workers of the Police and National Defense workers.
Qualification requirements: Superintendent, Deputy Superintendent, Head of Camp, Deputy Head of Camp, Team Captain, Deputy Captain must have a university degree in police, security university or bachelor’s degree in law and above meet other standards as prescribed by the Ministry of Public Security and the Ministry of National Defense.
Duties and powers of prison
Pursuant to Article 17 of the Law on Criminal Judgment Execution 2019, the tasks, powers and structure of the prison are as follows:
Prisons are prison sentence execution agencies with the following tasks and powers:
a) Receive and organize the management of incarceration, education and re-education of inmates;
b) Notify relatives of inmates of the inmate’s admission and his/her sentence serving situation;
c) Request the competent court to consider and decide to reduce the prison term, temporarily suspend the serving of prison sentence, or release the inmate before the conditional term as prescribed by law. ;
d) Execute the extraction order of the competent agency or person;
đ Receive property and money that the inmate or inmate’s relatives voluntarily submit at the prison for judgment enforcement, transfer it to the civil judgment enforcement agency where the court that has conducted the first-instance trial of the case is headquartered or civil judgment enforcement agencies entrusted to execute judgments; receive property and money transferred by civil judgment enforcement agencies to deliver to inmates in accordance with the Law on Civil Judgment Execution;
e) Cooperate with civil judgment enforcement agencies in providing information about the place of prison sentence execution and the inmate’s exercise of civil rights and obligations, and information about the place of residence of the completed sentenced person. prison sentences, persons entitled to special amnesty, persons exempted from serving prison sentences, persons who are released from prison ahead of time with conditions; transfer papers related to inmates subject to fines, confiscation of property and civil obligations;
g) Issuance of a certificate of complete serving of the prison sentence, a certificate of parole before the term is conditional;
h) Carrying out procedures for the death of inmates;
i) Escorting and handing over foreign inmates according to court decisions on the transfer of prisoners serving prison sentences; receive, organize the management, detention, education and re-education of inmates who are Vietnamese citizens who commit crimes and are sentenced to prison terms abroad and are transferred to Vietnam to serve their sentences; comply with the provisions of this Law on the enforcement of expulsion sentences;
k) Making statistics and reports on the execution of prison sentences;
l) Perform other tasks and exercise other powers as prescribed by law
Regulations on prison transfer under Vietnam law
Inmates are understood according to the Criminal Judgment Execution Law 2019 as follows:
“2. An inmate is a person serving a term of imprisonment or life imprisonment.”
Currently, the law does not provide for sending inmates to the place of sentence execution according to the wishes of the individual or the inmate’s family.
However, based on the requirements of management, detention, education and vocational training for inmates in accordance with the law and the State’s criminal and humanitarian policy, the head of the Judgment Execution Management Agency The Ministry of Public Security may consider and send people sentenced to prison to the place to serve their sentences, transfer prisoners between prisons, detention camps and detention houses for some special cases such as family Martyrs, children of Vietnamese Heroic Mothers, prisoners themselves are war invalids, have meritorious services to the country or have made merits to help the police force prevent, investigate and discover crimes or make great achievements in the process of serving sentences, protecting the safety of prisons, detention camps, detention houses, inmates suffering from serious illnesses as concluded in medical records by a provincial-level health agency or higher.
Procedures for prison transfer
First of all, an inmate must have an application certified by the warden of the prison, detention center, the head of the detention house, and the inmate’s family must have an application certified by the local government where he/she resides.
So in your case, you do not specify whether your husband is a family of martyrs, the son of a Vietnamese heroic mother, the prisoner himself is a wounded soldier, has made merit to the country or has contributed to the country’s forces. police force to prevent, investigate and discover crimes or make great achievements in the course of serving sentences, protect the safety of prisons, detention camps, detention houses, inmates are seriously ill or not, if they belong to the following categories: In the above case, you and your family can submit an application to the Head of the Criminal Judgment Execution Management Agency of the Ministry of Public Security for consideration.
Authority to transfer prisoners
The 2019 Law on Criminal Judgment Execution stipulates the transfer of prisoners sentenced to prison with a court’s judgment enforcement decision to the place of sentence execution or transferring inmates between prisons, detention camps and detention houses by the courts. The Ministry of Public Security is under the authority of the Criminal Judgment Execution Management Agency of the Ministry of Public Security.
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Frequently asked questions
– Weapons, explosives, explosives, support tools.
– Anesthetics, poisons, toxic gases, radioactive substances, toxic and dangerous chemicals.
– Narcotic substances, drug precursors, addictive substances, psychotropic substances.
– Flammable substances, flammable substances (gasoline, oil, alcohol, lighters, matches…).
– Mobile phones and communication devices.
– Data storage devices, sound recorders, video recorders, music players, radios; devices, appliances with similar features and other technical and electronic equipment.
– The utensils of metal, crockery, porcelain, stone, glass, other sharp and bow objects and types of wire are capable of being used to commit suicide, break the cell, escape from the place of detention, cause injury. or cause harm to the health and life of the person held in custody, temporary detention or other persons.
– All kinds of books, newspapers, documents, pictures, photos and tapes with reactionary content, illegal propaganda, debauchery, superstition; means and tools used to gamble in any form.
– All kinds of paper, pens and ink (unless agreed by the detention facility).
– Wine, beer, alcoholic beverages, tobacco, pipe tobacco; curative and prophylactic drugs have not been approved by the detention facility’s medical staff.
– Vietnam Dong, foreign currencies, valuable papers, gold, silver, precious stones and other precious metals.
Article 51 of the 2019 Law on Penalties specifically stipulates: Female prisoners who raise children under 36 months of age are allotted an appropriate time to care for and raise their children; Children under 36 months old, children aged 36 months or older while waiting for transfer to a social protection establishment who are children of prisoners living with their mothers in prisons are entitled to food, clothing, accommodation and food allowances. necessities and receive medical care and medical examination and treatment to ensure the exercise of children’s rights in accordance with the Law on Children; prisons, detention camps, criminal judgment execution agencies of district-level police offices shall carry out procedures for applying for birth registration of prisoners’ children. The commune-level People’s Committees where the inmates serve their sentences shall register and issue birth certificates; prisons must organize kindergartens outside the detention areas to care for and nurture children of inmates under 36 months old and children of inmates aged 36 months or older while waiting for procedures to be taken into the facility,.
During the Tet holiday, inmates are also given a break from work. Before and after Tet, inmates are given the opportunity to meet visiting relatives.
Usually, on the 28th of Tet, inmates clean up their work tools. Inmates are entitled to rest from the 29th to the end of the 3rd day of the Lunar New Year, and on the 4th, they go to work to take the day off and do spring work.
Not only taking time off from work; Inmates are also given the budget to eat each New Year’s day by 5 times of normal days. Especially, every 28-29 Tet; Prison leaders allowed some skillful inmates to go to the communal kitchen to pack Also during this time, the prison will buy foods such as pork; chicken, beef, etc. for prisoners to enjoy Tet.
On New Year’s Eve, prison leaders will go to each cell to wish Tet. On the morning of the first day of Tet, all prisoners, including prisoners, were sentenced to life in prison; were gathered to celebrate the New Year by the camp staff. After that, the inmates were entertained; participate in team games such as volleyball, badminton, tug of war….
On New Year’s Day, inmates in the prison have a break from work, eat and play together. Moreover, on Tet holiday, the psychology of people in general and prisoners in particular; is to miss the homeland, the more family. Therefore, the more the Tet holiday, the more security must be strengthened; in order to promptly detect and prevent cases of breaking the detention facility or escaping from prison.
Conclusion: So the above is Regulations on prison transfer under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
