Nghị định 09/2012/ND-CP

DECREE

REGULATING THE MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY PENDING THEIR EXIT ACCORDING TO PROVISIONS OF THE LAW ON EXECUTION OF CRIMINAL JUDGMENTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Law on Execution of Criminal Judgments, of June 17, 2010;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of and regimes for persons who are subject to the expulsion sentence and foreigners who have completely served imprisonment sentences and are staying at accommodation establishments pending the completion of exit procedures (in this Decree collectively referred to as persons in stay).

Article 2. Subjects of application

This Decree applies to persons in stay; agencies, organizations and individuals relating to the management of and assurance of regimes for persons in stay. In case a treaty to which the Socialist Republic of Vietnam is a contracting parly otherwise provides for, such treaty prevails.

Article 3. Implementation funding

Funds for investemnt in building physical foundations, equipping means and implementing regimes for persons in stay shall be covered by the state budget and incorporated in the annual budget estimates of the Ministry of Public Security.

Chapter II

MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY

Article 4. Management of persons in stay

1. Persons in stay shall dwell at accommodation establishments and managed and supervised by these establishments.

2. The Minister of Public Security shall decide on the establishment, merger or dissolution and stipulate the functions, tasks, powers and organizational structure of accommodation establishments.

Article 5. Dwelling regime for persons in stay

1. A person in stay shall be arranged in a collective room according to his/her gender (male or female) with a lying space of at least 3 m²/person, there is toilet room and mat, blanket and mosquito net.

2. Person who suffer an extremely dangerous infectious disease as specified in the Law on Prevention and Control of Infectious Diseases and persons who suffer mental illness or another disease and unable to perceive or control their acts must be arranged in isolated rooms.

Article 6. Regimes on meals and clothes for persons in stay

1. The monthly food ration for a person in stay is calculated as follows: 17 kg of ordinary rice, 0.7 kg of meat, 0.8 kg of fish, 0.1 kg of salt, 0.5 kg of average-category sugar, 0.75 liter of fish sauce, 0.1 kg of seasoning powder, 15 kg of vegetables and 15 kg of firewood or 17 kg of coal. This ration shall be provided by the State and converted into cash at current market prices in localities where accommodation establishments are located. On public holidays and new-year days (as prescribed by the Vietnamese State), persons in stay may have more food but the total food ration (including the daily food ration and additional food) must not exceed 5 times the daily food ration. Accommodation establishments may change the above food norms in conformity of practical conditions to ensure that persons in stay eat up their rations.

2. In addition to provided rations, persons in stay may use gifts of their relatives and the deposited cash amounts (if any) to buy more food in accordance with regulations of accommodation establishments.

3. Accommodation establishments may organize collective kitchens and be provided with necessary appliances for cooking food and boiling water and dividing food ration for persons in stay in accordance with standard. Cooking and catering appliances for collective kitchens include gas stoves, rice and food cookers, water boilers, pans, water jars, refrigerators, food cabinets, dinning tables and chairs and other necessary kitchen equipment and appliances.

4. Persons in stay may bring into accommodation establishments their essential personal articles for use under regulations of the Ministry of Public Security.

A person in stay who lacks clothes may, depending on his/her stay duration, be provided with one or two sets of clothes of ordinary fabric.

Article 7. Physical training, sports and cultural performance activities, information, communications and management of assets of persons in stay

1. Persons in stay may have healthy physical training, sports and cultural performance activities in  precinct of their accommodation establishment. Each room shall be equipped with a color television set and persons in stay may borrow books and newspapers of accommodation establishments.

The timetable for physical training, sports and cultural performance activities, watching television and listening to the radio shall be stipulated by accommodation establishments.

2. Persons in stay may contact by telephone or send mails to their relatives and consular offices under regulations of accommodation establishments. They must self-pay telephone and mail charges.

3. Persons in stay who have amounts in cash or valuable belongings shall deposit them at accommodation establishments and may receive them back before departure. Accommodation establishments shall issue deposit books or deposited money monitoring slips to persons in stay for use substitute for cash in their daily life.

Article 8. Regime of visiting persons in stay

1. Persons in stay may meet their relatives or their lawful representatives at visiting rooms of accommodation establishments. Once a week, each visit may last no more than 4 (four) hours.

Persons in stay who well observe regulations of accommodation establishments may meet their spouses in separate rooms of accommodation establishments once a week for no more than 24 (twenty-four) hours once.

2. Visiting procedures:

a/ When wishing to visit a person in stay, his/her relative or lawful representative who is a foreigner shall file a written request for permission. Such request must be translated into Vietnam and certified by a diplomatic mission or consular office or another agency based in Vietnam and authorized to perform the consular function of the country of which this person has a nationality or a Vietnam-based representative office of an international organization where this person works or an agency or organization that has guaranteed this person's entry in Vietnam. In case the country of which the person in stay is a citizen has no diplomatic mission or consular office or another agency authorized to perform the consular function in Vietnam, the written request for visit permission may not be required for being certified by such agency;

b/ When wishing to visit a person in stay, his/her relative or lawful representative who is a Vietnamese shall file a written request for permission which is certified by the commune-level People's Committee where he/she resides or the agency where he/she works; and his/her identity card or another personal identification paper;

c/ Settlement for visiting persons in stay is decided by heads of accommodation establishments.

3. Consular visits to persons in stay are permitted by criminal judgment enforcement agencies of provincial-level police departments in localities where accommodation establishments are located. In case Vietnam and foreign countries of which persons in stay are citizens have concluded agreements on consular visit duration, criminal judgment enforcement agencies of provincial-level police departments shall grant permits for visits within the duration stated in such agreements.

4. When meeting their relatives, persons in stay may receive letters, cash and articles according to regulations. Accommodation establishments are responsible for checking letters, cash and articles before they are brought into the establishments. The management and use of cash and articles by persons in stay are complied with Clause 3, Article 7 of this Decree.

5. Visiting persons must strictly observe the Vietnamese law and internal rules and regulations of visiting rooms and instructions of officers of accommodation establishments.

Article 9. Medical examination and treatment for persons in stay

1. During their stay at accommodation establishments, persons in stay who get ill are entitled to be medically examined and treated at clinics of these establishments. Medical examination, medicine dispensation and nutrition regimens for ill persons in stay shall be prescribed based on their illnesses by persons directly performing the treatment according to internal rules and regulations of clinics. Monthly medicine expenses for each person in stay are equivalent to 2 (two) kg of ordinary rice. Persons in stay whose serious illnesses are beyond the medical treatment capacity of accommodation establishments may be transferred to state-run hospitals in localities where accommodation establishments are located for treatment. In case ill persons in stay wish to be transferred to establishments providing on-demand medical examination and treatment, they must be permitted by accommodation establishments and self-pay all medical examination and treatment expenses.

Accommodation establishments must notify the transfer of ill persons in stay to medical establishments for treatment to criminal judgment enforcement agencies of provincial-level police departments in localities where these accommodation establishments are located for subsequent notification to Courts that have made the judgment enforcement decisions, the Ministry of Foreign Affairs of Vietnam, consular offices or other agencies authorized to perform the consular function of countries of which these persons have nationality, or Vietnam-based representative offices of international organizations where these persons work, agencies or organizations that have guaranteed these persons' entry in Vietnam; and relatives or lawful representatives in Vietnam of these persons in stay (if any).

Expenses for medical treatment of persons in stay at state-run medical examination and treatment establishments shall be paid by accommodation establishments with state budget allocations. If the medical treatment of persons in stay requires high techniques and expenses which exceed medical treatment expense norms prescribed for them, they must self-pay these expenses.

2. Accommodation establishments shall transfer persons in stay who are pregnant and expected to give birth soon to local medical establishment for giving birth. After giving birth, if these persons wish to make birth registrations for their newborns, accommodation establishments shall come provincial-level Justice Departments in localities where they are located for carrying out birth registration procedures as prescribed in Articles 49 and Article 50 of the Decree No. 158/2005/ND-CP of December 27, 2005, on civil registration and management. Expenses for childbirths of persons in stay at state-run hospitals shall be paid by accommodation establishments with state budget allocations.

3. Accommodation establishments shall coordinate with hospitals and criminal judgment enforcement agencies of provincial-level police departments in localities where they are located in managing persons in stay during their medical treatment or childbirths at hospital.

Article 10. Regimes for children of persons in stay living with their parents at accommodation establishments

Based on practical conditions, under-16 children of persons in stay who live with their parents at accommodation establishments may be provided with lying space in the same room with their parents according to characteristics of their age and gender. Regimes on meals, accommodations, medical examination and treatment and burial expenses for these children are the same as those applicable to persons in stay. On June 1st and the mid-autumn festival, they may enjoy a food ration doubling that for ordinary days. They are also entitled to medical examination and treatment when they get ill and to be allocated burial expenses when they die like persons in stay.

Article 11. Settlement of cases in which person in stay abscond

1. In case a person in stay who is subject to the expulsion sentence absconds, Article 100 of the Law on Execution of Criminal Judgments will be applied.

2. In case a foreigner who has completely served an imprisonment sentence and is staying at an accommodation establishment pending completion of exit procedures absconds, the accommodation establishment must immediately report such to the criminal judgment enforcement agency of the provincial-level police department in the locality where it is located for notification to the Ministry of Foreign Affairs for subsequent notification to the agency, organization or individual stated in Clause 1, Article 9 of this Decree.

Article 12. Settlement of cases in which persons in stay or their children who live together with them at accommodation establishments die

1. In case a person in stay or his/her child who lives together with him/her at an accommodation establishment dies, the accommodation establishment must immediately notify such to the nearest investigation agency, people's procuracy or health agency for making a written record certifying the cause of the death and concurrently report the death to the criminal judgment enforcement agency of the provincial-level police department in the locality where it is located for notification to the Ministry of Foreign Affairs for subsequent notification to the consular office or another agency authorized to perform the consular function of the country of which such person has nationality or the Vietnam-based representative office of the international organization where such person works, or the agency or organization that has guaranteed such person's entry in Vietnam; or a relative or lawful representative in Vietnam of such person (if any).

2. Within 24 (twenty-four) hours after completing the procedures specified in Clause I of this Article, the accommodation establishment shall bury the dead person. Burial expenses shall be covered by the state budget. In case relatives or lawful representatives of the deceased request in writing to carry the dead person for the burial, they shall self-pay expenses.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Settlement of external procedures relating to persons in stay

The Ministry of Foreign Affairs shall guide the settlement of external procedures related to the expulsion of persons in stay; exchange or supply information relating to persons in stay with/to foreign diplomatic missions or foreign consular offices in Vietnam; direct provincial-level Foreign Affairs Departments in coordinating with criminal judgment enforcement agencies of provincial-level police departments in localities where accommodation establishments are located in solving under their functions all arising matters involiving persons staying at these accommodation establishments pending their departure.

Article 14. Effect

This Decree takes effect on April 10, 2012.

Article 15. Implementation responsibility

1. The Minister of Public Security shall organize, guide, inspect and urge the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decree.