Nghị định 80/2011/ND-CP

Decree No. 80/2011/ND-CP of September 16, 2011, providing measures to assure community re-integration for persons having completely served their prison sentences

Nội dung toàn văn Decree No. 80/2011/ND-CP providing measures to assure community re-integration


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 80/2011/ND-CP

Hanoi, September 16, 2011

 

DECREE

PROVIDING MEASURES TO ASSURE COMMUNITY RE-INTEGRATION FOR PERSONS HAVING COMPLETELY SERVED THEIR PRISON SENTENCES

THE GOVERNMENT

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

Pursuant to the November 21, 2007 Law on Special Amnesty;

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

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the conditions and measures to assure community re-integration for persons who have completely served their prison sentences; and responsibilities of ministries, People's Committees at all levels and related agencies, organizations and individuals for assurance of community re-integration for persons who have completely served their prison sentences.

Article 2. Subjects of application

1. This Decree applies to inmates who are going to completely serve their prison sentences in prisons, detention camps or custody facilities: prisoners enjoying special amnesty, persons having completely served their prison sentences and returned to the community (below referred collectively to as persons having completely served their prison sentences) and organizations and individuals involved in the assurance of community re­integration for persons having completely served their prison sentences.

2. This Decree does not apply to overseas Vietnamese who have completely served their prison sentences and persons not bearing Vietnamese nationality, except foreigners and stateless persons permanently residing in Vietnam.

Article 3. Principles of assurance of community re-integration for persons having completely served their prison sentences

1. Compliance with the provisions of this Decree and other relevant provisions of law.

2. Creation of favorable conditions for persons having completely served their prison sentences to re-integrate themselves in the community, stabilize their lives, and prevention of recidivism and violations of law.

3. Acts of disparagement and discrimination against or infringement of the rights and legitimate interests of persons having completely served their prison sentences are strictly prohibited.

Article 4. Rights and obligations of persons having completely served their prison sentences

1. Rights:

a/ To be assisted by local administrations and agencies, organizations and individuals for community re-integration;

b/ To register their permanent or temporary residence according to the law on residence;

c/ To request a competent court to grant a criminal record remission certificate when fully satisfying the law-prescribed conditions and request the grant of a judicial record card.

2. Obligations:

a/ To return to their places of residence and produce the certificate of complete serving of prison sentence or certificate of special amnesty within the prescribed time limit to the commune-level People's Committee or agency or unit where they previously worked;

b/ To submit to the management, education and supervision by local administration, units, social organizations and people at the places where they reside, work or study pending the remission of their criminal records;

c/ To periodically report on their observance of law and fulfillment of commitments and civil liabilities (if any) to local administrations or agencies or units where they reside, work or study;

d/ To actively labor and study as well as parti­cipate in activities of preventing, detecting and denouncing crimes and other violations of law.

Article 5. Funds for community re­integration for persons having completely served their prison sentences

1. Funds for the implementation of measures for community re-integration of persons having completely served their prison sentences include state budget funds allocated under current state budget decentralization; community re­integration funds of prisons and other funds prescribed by law; voluntary contributions of agencies, organizations and individuals; and other lawful revenues.

2. The estimation, use and settlement of funds for implementation of measures for community re-integration of persons having completely served their prison sentences comply with the provisions of law.

3. Agencies, organizations and individuals directly implementing community re­integration measures may receive articles, equipment, means and funds voluntarily contributed by agencies, organizations and individuals at home and abroad for use under law for the community re-integration of persons having completed their prison sentences. Such articles, equipment, means and funds must be strictly managed and used for proper purposes and in accordance with law.

Chapter II

CONDITIONS FOR COMMUNITY RE­INTEGRATION OF INMATES WHO ARE GOING TO COMPLETE THEIR PRISON SENTENCES

Article 6. Education and support in legal procedures for inmates who are going to completely serve their prison sentences

1. Two months before inmates completely serve their prison sentences, prisons and detention camps shall provide them with more information on current affairs, policies, laws and socio-economic situation as well as on the labor market, educate them in living skills, furnish them with other necessary knowledge and support them in legal procedures.

2. Agencies, organizations and individuals are encouraged to participate in education and communication and create necessary conditions for inmates who are going to completely serve their prison sentences.

The Ministry of Public Security and the Ministry of National Defense shall specify the education contents and programs for inmates who are going to completely serve their prison sentences.

Article 7. Counseling for inmates who are going to completely serve their prison sentences

1. Inmates who are going to completely serve their prison sentences at prisons or detention camps must be provided with psychological counseling and assistance, aiming to orientate and raise their ability to solve their personal difficulties and problems by themselves when they completely serve their prison sentences.

2. Prisons and detention camps shall arrange counseling rooms furnished with necessary equipment; appoint officers capable of providing counseling or invite capable counselors to join their officers in providing counseling for inmates.

3. The Ministry of Public Security shall concretely guide activities of counseling at prisons or detention camps for inmates who are going to completely serve their prison sentences.

Article 8. Vocational orientation, raising of job-seeking ability for inmates who are going to completely serve their prison sentences

1. Prisons and detention camps shall examine and appraise the working results and capability of each inmate in order to work out plans to train them for raising their job skills, and orientate their job seeking after they completely serve their prison sentences.

2. Based on inmates' abilities, labor market and practical conditions, prisons and detention camps shall organize training for raising their job skills and in common and simple jobs for unskilled inmates; and coordinate with functional agencies or units in organizing vocational training for inmates before they completely serve their prison sentences.

3. Minor inmates shall be given priority to learn jobs and raise their job skills to facilitate their community re-integration.

The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, directing and guiding vocational training for inmates who are going to completely serve their prison sentences and contact enterprises and production establishments to employ them.

Article 9. Establishment of community re-integration funds

1. Prisons shall establish community re-integration funds from revenues earned through inmates' labor under Article 30 of the Law on Execution of Criminal Judgments in order to provide support for community re-integration activities and for inmates who have completely served their prison sentences to re-integrate into the community; organize accounting and make statistics on community re-integration fund revenues and expenditures according to the laws on accounting and statistics; and publicize the management and use of the funds according to law.

2. The Prison Sentence Execution Management Agency may use part of the community re-integration funds of prisons and detention camps for a number of community re-integration activities.

3. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister of Finance in, specifying the establishment, management and use of community re-integration funds.

Article 10. Notification of inmates' completion of their prison sentences

1. Two months before inmates completely serve their prison sentences or after getting the results of appraisal by the inter-sector appraisal team of the Special Amnesty Advisory Council, which unanimously propose special amnesty for inmates, superintendents of the prisons or detention camps under the Ministry of Public Security or the Ministry of National Defense, the criminal judgment execution agencies of provincial-level Police Departments and the criminal judgment execution agencies of military zones shall notify the inmates' completion of their prison sentences or special amnesty to the district-level criminal judgment execution agencies, the commune-level People's Committees or agencies or organizations where the inmates return to reside or work for management, education and assistance in stabilizing their lives.

2. A notification covers the prison sentence-serving result, additional penalties, damage compensation, court fee and other civil liabilities (if any) which the inmate is still liable to serve, his/her health and psychological conditions, job skills and other necessary information on the convict.

Chapter III

MEASURES TO ASSURE COMMUNITY RE-INTEGRATION FOR PERSONS WHO HAVE COMPLETELY SERVED THEIR PRISON SENTENCES

Article 11. Measures to assure community re-integration for persons who have completely served their prison sentences

1. Information, communication and education on community re-integration.

2. Management, education, assistance in community re-integration.

3. Vocational training and job creation.

4. Psychological assistance and support in legal procedures.

5. Other assistance measures.

Article 12. Information, communication and education on community re-integration for persons who have completely served their prison sentences

1. Community re-integration information, communication and education aim to direct and encourage the management, education and assistance of, and the abolishment of prejudice, disparagement and discrimination against persons who have completely served their prison sentences, helping them stabilize their lives and re-integrate into the community.

2. The contents of community re-integration information, communication and education must be appropriate and carried out through different methods and in diverse forms.

Article 13. Management, education and assistance of persons who have completely served their prison sentences in community re-integration

1. Persons who have completely served their prison sentences shall be managed and educated until the time their criminal records are remitted under the Penal Code and the Criminal Procedure Code.

2. Contents of management, education and assistance of persons who have completely served their prison sentences:

a/ Organizing their reception; assigning organizations and individuals to manage, educate and assist them in community re­integration;

b/ Providing psychological counseling and legal-procedure support to help them re-integrate into the community;

c/ Guiding them in carrying out the procedures for residence registration, receipt of an identify card, remission of criminal records and receipt of a judicial record card;

d/ Managing and overseeing them; educating and guiding them in the observance of law and civil liabilities; detecting, preventing and handling their acts of violation;

e/ Providing financial support, lending loans and organizing vocational training and job seeking and recommendation for them;

f/ Creating other necessary conditions to help them stabilize their lives, re-integrate into the community and avoid recidivism.

Article 14. Vocational training and job creation for persons who have completely served their prison sentences

1. Persons who have completely served their prison sentences shall be assisted in vocational training and employment, depending on their own health conditions and working capabilities, employers' needs and practical local conditions; be considered for receiving loans from social policy banks, social funds and charity funds in localities and partial financial supports for those meeting with exceptional difficulties and for policy families to create jobs and carry out production and business activities.

2. Minors who have completely served their prison sentences shall be given priority in general education, job learning, employment and loans for their learning and job seeking to stabilize their lives.

3. Persons who have completely served their prison sentences and meet with exceptional difficulties and have no fixed place of residence shall be considered for accommodation and working at production establishments organized by prisons, if their so voluntarily apply for.

4. Depending on inmates and specific conditions and at the proposal of the Criminal Judgment Execution Management Agency, the Ministry of Public Security shall decide on the establishment and specify the organization and operation of production establishments in order to organize the lives and employment for persons who have completely served their prison sentences and meet with exceptional difficulties and have no fixed place of residence.

Article 15. Measures to support community re-integration for persons who have completely served their prison sentences

1. The State encourages agencies, units, organizations and individuals to participate in counseling, vocational training and job recommendation activities to assist persons who have completely served their prisons to re-integrate into the community; and encourages employment of such persons in agencies, organizations, production and business establishments.

2. Agencies, units, organizations and individuals participating in the management, education and assistance of persons who have completely served their prisons shall be given priority in leasing state-owned houses and infrastructure facilities under law for setting up establishments to assist such persons in community re-integration.

3. Provincial-level People's Committees shall, according to their competence in land use planning, local land funds and other resources, assist organizations and individuals in organizing vocational training and job creation for persons who have completely served their prison sentences.

4. Production establishments organized by the Ministry of Public Security and other establishments set up for the purpose of education, vocational training and job creation for persons who have completely served their prison sentences are entitled to tax relief under relevant tax laws and guiding documents.

Chapter IV

RESPONSIBILITIES OF MINISTRIES. PEOPLE'S COMMITTEES AT DIFFERENT LEVELS. AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR IMPLEMENTING MEASURES TO ASSURE COMMUNITY RE­INTEGRATION FOR PERSONS WHO HAVE COMPLETELY SERVED THEIR PRISON SENTENCES

Article 16. Responsibilities of the Ministry of Public Security

1. To assist the Government in supervising, directing and guiding the implementation of measures for community re-integration of persons who have completely served their prison sentences.

2.To coordinate with related ministries and sectors in studying, formulating and promulgating specific regimes, policies and regulations on community re-integration of persons who have completely served their prison sentences.

3. To direct police offices at all levels to coordinate with the Fatherland Front Committees, the Labor, War Invalids and Social Affairs agencies and other related agencies and organizations in assisting the same-level People's Committees in implementing measures to assure community re-integration of persons who have completely served their prison sentences.

4. To direct prisons and detention camps to prepare necessary conditions for inmates who are going to completely serve their prison sentences to re-integrate themselves into the community; to coordinate with functional agencies in promulgating specific regulations on education, vocational guidance and vocational training contents and programs for inmates and specify the establishment, management and use of community re­integration funds in prisons.

5. To examine, inspect, supervise, preliminarily and finally review and periodically or extraordinarily report upon request to the Government on the implementation of measures for community re-integration of persons who have completely served their prison sentences.

Article 17. Responsibilities of the Ministry of National Defense

1. To direct prisons under the Ministry of National Defense and detention camps of military zones to support education and vocational training and prepare necessary conditions for inmates who are going to completely serve their prison sentences to re­integrate into the community.

2. To guide, examine, inspect, supervise and report to the Government on the situation and results of measures to assure community re­integration for persons who have completely served their prison sentences.

Article 18. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. To study and propose the Government to promulgate mechanisms and policies on vocational training, provision of loans and job creation, aiming to support and assist persons who have completely served their prison sentences in community re-integration and stabilization of their lives.

2. To direct and guide Labor. War Invalids and Social Affairs agencies at all levels to coordinate with local functional agencies in organizing vocational training, job recommendation and job creation for persons who have completely served their prison sentences; to pay attention to material and spiritual assistance for those who fall into exceptionally difficult circumstances to stabilize their lives.

Article 19. Responsibilities of the Ministry of Justice

1. To direct and guide the civil judgment execution agencies at different levels to compile dossiers to propose exemption from or reduction of civil judgment execution obligations for persons who have completely served their prison sentences when conditions are fully met and settle complaints and denunciations about civil judgment execution according to law.

2. To direct the National Judicial Record Center and provincial-level Departments of Justice to actively update information on criminal record remission and grant judicial record cards, creating conditions for persons who have completely served their prison sentences to integrate themselves into the community.

Article 20. Responsibilities of the Ministry of Information and Communications

To assume the prime responsibility for, and coordinate with ministries and functional agencies in, directing central and local information and press agencies in extensive communication to raise public awareness of the Party policies and State laws applicable to persons who have completely served their prison sentences; to call for administrations at all levels, sectors, social organizations and individuals to do away with the attitude and behaviors of prejudice and stigmatization against persons who have completely served their prison sentences and to care for and assist them in stabilizing their lives, contributing to the prevention and combat of recidivism and violations; to widely disseminate information on good models and creative and efficient ways of assisting persons who have completely served their prison sentences in community re­integration.

Article 21. Responsibilities of the Ministry of Finance

To allocate state budget funds for the application of measures to assure community re-integration for persons who have completely served their prison sentences according to current state budget decentralization.

Article 22. Responsibilities of related ministries, agencies and organizations

Other ministries, agencies and organizations shall, within the ambit of their respective functions, assigned tasks and powers, direct and guide the coordination in the implementation of measures to assure community re-integration for persons who have completely served their prison sentences.

Article 23. Responsibilities of provincial-level People's Committees

1. To organize the management, education and assistance of persons who have completely served their prison sentences in community re­integration, recidivism as well as crime prevention and combat.

2. To formulate programs and plans and assign specific tasks to administrations at different levels, sectors, agencies and organizations for implementing community re­integration measures.

3. To direct district-level People's Committees and related agencies and organizations to guide, direct and urge the reception, management, education and assistance of persons who have completely served their prison sentences in localities.

4. To decide on the establishment of social funds and charity funds proposed by agencies, organizations, enterprises, units and individuals to support and assist persons who have completely served their prison sentences in job learning, production organization, job seeking and life stabilization.

5. To direct local information and press agencies to spare appropriate time slots for information, propagation and dissemination of the Party line and policies and State laws on community re-integration and to introduce typical models, good people and good deeds in the implementation of measures to assure community re-integration for persons who have completely served their prison sentences; to direct local justice offices to assume the prime responsibility for, and coordinate with related agencies and organizations in, rendering psychological assistance and legal procedure supports to persons who have completely served their prison sentences.

6. To allocate budgets according to the State Budget Law for the management, education and assistance of persons who have completely served their prison sentences.

Article 24. Responsibilities of district-level People's Committees

1. To organize and direct agencies, mass organizations, social organizations and commune-level People's Committees to create conditions for the reception, management, education and assistance of persons who have completely served their prison sentences.

2. To direct vocational training, job creation, poverty reduction and hunger elimination; to guide charity and humanitarian activities to assist persons who have completely served their prison sentences in stabilizing their lives and community re-integration.

Article 25. Responsibilities of commune-level People's Committees

1. To organize the reception, management, education and assistance of persons who have completely served their prison sentences.

2. To assign organizations and individuals to undertake the management, education and assistance of persons who have completely served their prison sentences; to inspect and urge the implementation and mobilize people in population quarters to closely coordinate with families in managing, educating and assisting persons who have completely served their prison sentences.

3. To mobilize and create favorable conditions for enterprises, production and business establishments, organizations and individuals to employ persons who have completely served their prison sentences.

4. To propose competent courts to consider and decide on criminal record remission in special cases where persons who have completely served their prison sentences and made marked progress and great achievements if they have served at least one-third of the prescribed period.

Article 26. Responsibilities of provincial-level Police Departments

1. To advise the chairpersons of provincial-level People's Committees on directing the reception, management, education and assistance of persons who have completely served their prison sentences in their community re-integration.

2. To work out plans for, and direct, guide district- level police offices in the reception. management, education and assistance of persons who have completely served their prison sentences, create conditions for them to exercise their civil rights and fulfill other civil duties under law.

3. To assume the prime responsibility for, and coordinate with various committees, sectors, mass organizations and social organiza­tions in, assisting persons who have completely served their prison sentences in overcoming difficulties and stabilizing their lives.

4. To direct criminal judgment execution agencies of local police forces to periodically or upon request summarize data and assess the results of reception, management, education and assistance of persons who have completely served their prison sentences in community re­integration, the number of advanced models of community re-integration, the number of persons have declined to return to their places of residence, the number of recidivists and new offenders within their respective localities; to make summarization reports to the Ministry of Public Security and same-level People's

Article 27. Responsibilities of district-level police offices

1. To advise the district-level People's Committees on directing and organizing the reception, management, education and assistance of persons who have completely served their prison sentences and return to reside in localities.

2. To coordinate with agencies, organizations and functional units in assisting the district-level People's Committees in organizing the reception, management, education and assistance of persons who have completely served their prison sentences; to guide, inspect and urge commune-level police offices in managing, educating, assisting and carrying out residence registration procedures for and granting identity cards to persons who have completely served their prison sentences.

3. To coordinate with agencies, committees, mass organizations and social organizations in mobilizing enterprises, production and business organizations as well as individuals to provide financial supports and recommend jobs for persons who have completely served their prison sentences.

4. To direct the criminal judgment execution agencies of the district-level police offices to summarize periodically or upon request data, reasons and results of community re-integration by persons who have completely served their prison sentences, the number of persons who decline to return to their places of residence, advanced models of community re-integration, or violations within localities under their respective management and report them to provincial-level Police Departments and same-level People's Committees.

Article 28. Responsibilities of commune-level police offices

1. To advise the chairpersons of commune-level People's Committees on supervising, managing, educating and assisting persons who have completely served their prisons.

2. To actively inquire into the situation, conditions, circumstances, feelings and legitimate aspirations of persons who have completely served their commune-level in order to advise and propose the commune-level People's Committees to create conditions for and assist them in solving their difficulties and stabilizing their lives.

3. To compile dossiers on management and education of persons who have completely served their prison sentences; to coordinate with the Fatherland Front Committees, organizations and social organizations in advising the chairpersons of commune-level People's Committees on assigning organizations and individuals to directly manage, educate and assist persons who have completely served their prison sentences.

4. To guide and assist persons who have completely served their prison sentences in carrying out procedures for residence registration, receipt of identity cards and criminal record remission when conditions are fully met; to make lists of persons who have completely served their prison sentences and enjoyed criminal record remission according to law for proposed exclusion from management and education.

5. To make periodical or extraordinary review reports on the community re-integration situation and results and propose matters related to the management, education and assistance of persons who have completely served their prison sentences.

6. To maintain security and order, to assist and create conditions for establishments, organizations and individuals to participate in the education, vocational guidance, vocational training, job creation and employment of persons who have completely served their prison sentences.

7. To promptly consider and propose the chairpersons of commune-level People's Committees to issue decisions to apply the measure of education at commune, ward or township to and handle according to law persons who have completely served their prison sentences when they commit violations.

8. To coordinate with organizations and individuals tasked to manage, educate and assist persons who have completely served their prison sentences; to actively propose the commune-level People's Committees to carry out procedures requesting competent courts to consider and decide on criminal record remission in special cases for persons who have completely served their prison sentences and made marked progress and recorded good achievements, if they have already served at least one-third of the prescribed period.

Article 29. Responsibilities of organizations and individuals tasked to manage, educate and assist persons who have completely served their prison sentences in community re-integration

1. To regularly grasp the situation, activities, feelings, aspirations and difficulties of persons who have completely served their prison sentences so as to promptly report to commune-level police offices and People's Committees; to urge and remind such persons to strictly observe the State policies and laws as well as regulations of local administrations, to actively participate in common activities in the population community.

2. To coordinate with local administrations and related agencies and organizations in discussing measures to assist persons who have completely served their prison sentences in furthering their education, seeking jobs, removing difficulties and stabilizing their lives; to promptly detect and inform local administrations and functional agencies of the manifestations, attitudes and acts of violation of such persons in order to apply appropriate management and education measures and promptly and strictly handle their violations according to law.

Article 30. Responsibilities of families of persons who have completely served their prison sentences

1. To manage, educate, encourage and assist persons who have completely served their prison sentences, to rid themselves of their complex, and help them actively participate in labor, learning and social activities and stabilize their lives; to support and create conditions for them to fully serve additional penalties, pay court fee, damages and fulfill other civil obligations (if any).

2. To coordinate with local administrations, agencies, mass organizations and people in managing, educating and assisting persons who have completely served their prison sentences; to promptly detect and notify local administra­tions or functional agencies of their violations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Effect

This Decree takes effect on November 16, 2011.

Article 32. Implementation guidance

The Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Information and Communications and related ministries and sectors shall, within the ambit of their respective functions, tasks and powers, coordinate in guiding and inspecting the implementation of this Decree.

Article 33. Implementation responsibility

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

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 

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