Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 32-CP | Hanoi, April 14, 1997 |
PROMULGATING THE REGULATION ON RE-EDUCATION ESTABLISHMENTS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
At the proposal of the Minister of the Interior,
DECREES:
Article 1.- To promulgate together with this Decree the Regulation on Re-education Establishments.
The Minister of the Interior, the Minister of Justice, the Minister of Finance, the Minister of Health, the Minister of Education and Training, the Minister of Labor, War Invalids and Social Affairs shall, within the ambit of their functions and tasks, have to guide and organize the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER
Vo Van Kiet
REGULATION ON RE-EDUCATION ESTABLISHMENTS
(issued together with Decree No.32-CP of April 14, 1997 of the Government)
Persons abiding by decisions on their consignment to re-education establishments are called "inmates" for short.
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Persons of under 18 years old, women of over 55 years old and men of over 60 years of age shall not be sent to re-education establishments.
All acts of infringement upon the life, health, properties, honor and dignity of the persons who are abiding by the decisions on consignment to re-education establishments are strictly forbidden.
The Minister of the Interior shall decide the establishment, dissolution and uniform management of re-education establishments.
The Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and the Ministry of Education and Training shall, within the ambit of their functions and tasks, have to cooperate with the Ministry of the Interior in organizing the management of re-education establishments.
PROCEDURES FOR CONSIGNING A PERSON TO A RE-EDUCATION ESTABLISHMENT
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1. To consign a person to a re-education establishment, the President of the People�s Committee of the commune where such person resides shall consider and make a dossier and send it to the President of the district People’s Committee.
Within 7 days from the date of receiving the dossier, the President of the district People’s Committee shall conduct the examination, make a written proposal to consign such person to a re-education establishment and submit it to the President of the provincial People’s Committee.
2. For a person without a permanent place of residence, the President of the People’s Committee of the commune where that person has committed offenses prescribed in Article 2 of this Regulation shall make a record and a report then submit them to the President of the district People’s Committee for consideration and compilation of a dossier. Within 10 days from the date of receiving the record and the report, the President of the district People’s Committee shall consider, make a dossier proposing the consignment of such person to a re-education establishment to be submitted to the President of the provincial People’s Committee.
In cases where a person without a permanent place of residence is caught in the act of committing an offense by the district or provincial police agency that has made a record thereon, the involved police agency shall have to conduct the examination and make a report to the President of the People’s Committee of the same level for consideration and compilation of a dossier for sending such person to a re-education establishment.
The provincial People’s Committee shall have to provide funds for the construction of administrative temporary detention house and for the meals of aforesaid persons and to direct the related branches in organizing the strict management of the persons without permanent places of residence or persons tending to escape while the dossiers are compiled for decision or while they are waiting for being sent to re-education establishments.
For persons in temporary detention or custody in criminal cases, whose offenses, as shown through the investigation, are not serious enough for being examined for penal liability but who are subject to the measure of consignment to re-education establishments, the Head of the investigating agency shall report to the President of the People’s Committee of the same level for compiling dossiers proposing the consignment of such persons to re-education establishments.
3. The dossier proposing the sending of a person to a re-education establishment shall include his/her curriculum vitae, the record on his/her offenses, the re-education measures already taken, the police�s comments and the opinions of the related social organizations in the locality.
4. The police shall have to assist the People’s Committee of the same level in gathering documents to make the dossier.
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The Consulting Council is set up by the President of the provincial People’s Committee and composed of leading officials of the provincial police agency, Justice Service, Labor, War Invalids and Social Affairs Service and the Fatherland Front. The representative of the police agency shall act as the standing member of the Consulting Council, who is responsible for preparing necessary documents, organizing and chairing the Council’s meetings and making reports to be submitted to the President of the provincial People’s Committee for decision. The Consulting Council works collectively to consider and vote on the case-by-case basis and make decisions by a majority vote. In cases where the voles for and against are in equal numbers, the decision shall be made according to the vote of the standing member of the Consulting Council. In cases where the opinion of the standing member of the Council is contrary to the opinion of the majority, the opinion of the majority shall prevail and at the same time, the standing member of the Council is entitled to report his/her opinion to the President of the provincial People’s Committee.
The Consulting Council’s meetings shall be attended by a representative of the People’s Procuracy of the same level.
2. The decision on the consignment of a person to a re-education establishment must state clearly the date of its issue; the name and position of the person issuing the decision; the name, date of birth, occupation and place of residence of the person being consigned to the re-education establishment; the reasons, clauses and names of the applied legal documents; the time and place for the enforcement of the decision, the responsibility of the person subject to the measure of consignment to the re-education establishment; his/her right to make complaints, the place and time-limit for making complaints.
3. Copies of the decision to consign a person to a re-education establishment shall be sent to the person subject to the execution thereof, and at the same time, to the provincial People’s Procuracy, the provincial police agency, the district People’s Committee and the People’s Committee of the commune where that person resides or where the dossier proposing the consignment of that person to the re-education establishment is made.
2. The term for execution of the decision on the consignment to a re-education establishment shall be counted from the date when the subject person starts executing the decision at the establishment.
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4. In cases where the person subject to the measure of consignment to a re- education establishment is considered for the suspension or exemption from the execution of the decision as prescribed in Items 1 and 2, Article 71 of the Ordinance on the Handling of Administrative Violations, the President of the commune People’s Committee or the agency that has made the dossier as stipulated in Item 2, Article 6 of this Regulation shall have to immediately make a written report submitted to the President of the district People’s Committee. Within 5 days from the date of receiving the report, the President of the district People’s Committee shall consider and make a proposal to the President of the provincial People’s Committee for decision. Within 10 days from the date of receiving the proposal from the President of the district People’s Committee, the President of the provincial People’s Committee shall decide the suspension or exemption from the execution of the decision. The police agency shall have to assist the People’s Committee of the same level in considering the dossier proposing the suspension or exemption from the execution of the decision on consignment to the re-education establishment.
- The decision on the consignment to the re-education establishment;
- The curriculum vitae of the person subject to the measure of consignment to the re-education establishment;
- The summary of the offense committed by such person, that has prompted his/her proposed consignment to the re-education establishment;
- The criminal record of the person subject to the measure of consignment to the re-education establishment;
- Other documents related to the personal identification of the person subject to the measure of consignment to the re-education establishment, which are necessary for the re-education of that person (if any);
2. The reception of the person subject to the measure of consignment to the re-education establishment must be recorded in minutes. The re-education establishment must examine the dossier, identity card and health conditions of that person before the reception. If his/her health is abnormal, a record certifying the state of his/her health at the time of arrival at the establishment must be made in the witness of the assigning and receiving parties.
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When detecting a person escaping from the re-education establishment, every people shall have to inform the nearest police station or People�s Committee.
In any case, the arrest and temporary custody of the aforesaid person must be made in a minutes with his/her declarations. After receiving the arrested person, the police shall have to issue an order on the administrative temporary custody and take that person to the nearest administrative temporary custody house and at the same time notify the agency that has issued the search and arrest warrant.
When receiving the notice, the provincial police chief or the Director or the re-education establishment shall have to immediately send official(s) to receive back the person in temporary custody and make a record on the hand-over.
ORGANIZATION OF RE-EDUCATION ESTABLISHMENTS AND MANAGEMENT OF INMATES
2. The organizational apparatus of the re-education establishment is composed of the Director, the Deputy Directors, the managerial cadres, the educationalists, the job and vocational training cadres, the logistics cadres, the medical cadres and the police guards.
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To control and take responsibility for all operations of the re-education establishment.
The Deputy Directors shall assist the Director, performing tasks assigned by the Director.
The Director, the Deputy Directors, the managerial cadres, the educationalists, the logistics cadres, the medical cadres and the police guards must be possessed of good political qualifications, a good sense of organization and discipline and obtain professional and legal knowledge.
The Director and Deputy Directors must have graduated from one of such universities as the Police University, the Security University, the Law University, the University of Social Sciences and Humanities, the Teachers’ Training College, or have the equivalent and higher degree and experiences in managing and educating offenders.
The managerial cadres, the educationalists and the chief of the police guards must be graduated from either of the Police Intermediate School, the Security Intermediate School or have the equivalent or higher degrees.
The police officers and policemen who have the task of escorting and guarding the inmates must have been trained in the related specialized protection as prescribed by the Ministry of the Interior.
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The order for segregation of an inmate must clearly state the purpose and duration thereof, the rank and position of the person signing the segregation order.
The segregation procedures shall be defined by the Minister of the Interior.
The agency requesting the segregation of the inmate shall be responsible for taking him/her from and back to the re-education establishment in accordance with the time-limit defined in the order; the hand-over and reception of such inmate must be recorded in a minutes; the segregation duration shall be calculated in the re-education term of the inmate in the re-education establishment.
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2. The Director of the re-education establishment shall send copies of the inmate’s certificate on the completion of his/her re-education term to the provincial People’s Committee which has issued the decision to consign him/her to the re-education establishment, the district People’s Committee which has made the proposal and the People’s Committee of the commune where such person returns to reside and at the same time inform his/her family. For those inmates who have completed their re-education terms but have not made real progress, the Director of the establishment must made separate comments proposing measures for the continued management and re-education and send them to the People’s Committees of various levels. After their return to the locality, if such persons still fails to make real progress and continues committing offenses as prescribed in Item 1, Article 2 of this Regulation, the related People’s Committee shall immediately make dossiers proposing their consignment to the re-education establishment.
2. The inmates are entitled to bring into the re-education establishments their essential effects for use as prescribed by the Ministry of the Interior.
3. The inmates must learn the rules of and the regulation on re-education establishments and strictly abide by those rules and regulation.
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1. The monthly food ration for each inmate is prescribed as follows:
Rice: 15 kg; meat or fish: 0.8 kg; salt: 0.5 kg; fish sauce: 1 liter; vegetable: 15 kg; fuel: 15 kg of firewood or the equivalent; and money for monthly medicaments equivalent to 1 kg of rice. On festive and new year days, the daily food ration may increase but must not be 5 times more than that for the ordinary day.
For persons involved in hard or hazardous jobs, the monthly food ration may be increased in accordance with the provisions of law.
The food and rest regime for the sick inmates shall be decided by the Director of the re-education establishment according to the prescription of the medical service.
2. The expenses on food, clothing, accommodation and medical treatment of the inmates shall be covered by the State budget.
For sick inmates, the Director of the establishment shall, basing him/herself on the prescription of the medical cadres, consider and allow them to cease working and studying temporarily or reduce the labor quotas and working hours during the treatment period; in case of necessity, they shall be treated at the medical station of the establishment or taken to the hospital for emergency aid. If the inmate is a pregnant woman or a nursing mother of a child of under 12 months old or is a person suffering from a serious disease or being critically ill for a long time, the Director of the re-education establishment shall have to compile a dossier proposing the Minister of the Interior to issue a decision on temporary suspension of the re-education measure so that such person may be taken to the hospital or to her family for treatment and care, if she/he is guaranteed by relatives. Such decision must be sent to the President of the provincial People�s Committee which has issued the decision on consignment to the re-education establishment. When conditions for temporary suspension no longer exist, the person subject to the measure of consignment to the re-education establishment shall have to return to the establishment to resume his/her execution of the decision. The period of suspension shall not be calculated in his/her re-education term.
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1. In cases where an inmate dies, the re-education establishment shall have to immediately inform the investigative agency, the People�s Procuracy and the nearest medical station so that such agencies send their officials thereto for making a record on the death, determining causes of the death in the witness of other inmates of the establishment and at the same time, notify the relatives of the dead inmate thereof.
24 hours after informing the above-said agencies and the inmate�s family, the re-education establishment shall have to organize the burial of the inmate. The expenses for burial shall be covered by the State budget.
2. In cases where an inmate gets an accident, the Director of the re-education establishment shall have to fill necessary procedures for his/her entitlement to the allowance regime under the provisions of law.
2. Besides the prescribed daily working hours, the re-education establishment may allow the inmates to do extra work at their own wish so as to improve their living conditions but must abide by the rules and regulation on re-education establishments.
2. The Ministry of the Interior and the Ministry of Finance shall provide detailed guidances for the management and use of the fruits of the inmates’ labor.
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2. The inmates are entitled to be briefed on topical issues, policies and to follow programs on the education of citizens once a week for 4 hours.
3. Basing itself on specific conditions, the re-education establishment may organize labor in combination with the training in suitable crafts for the inmates.
4. The fund for the monthly purchase of books, notebooks and learning aid for each inmate shall be allocated by the State, which is equivalent to 2 kg of rice.
5. The Ministry of the Interior, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training shall determine the education and training programs as well as appoint teachers for general education and job training in re-education establishments.
1. The inmates are entitled to meet their relatives twice a month. Each meeting shall not last for more than two hours at the reception house of the establishment and must comply with the regulations on relatives� visits and meetings. For a longer meeting, it must be agreed upon by the Director of the re-education establishment but must not last for more than 4 hours.
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2. A person wishing to visit an inmate of the re-education establishment must produce his/her identity card, an application for the visit (with certification of the administration of the locality where he/she resides or the unit where he/she works); if he/she is the spouse of the inmate and wants to stay over night at the establishment, he/she must produce the marriage certificate.
3. The inmates are entitled to receive and send letters, presents and money; all letters and presents must be checked by the re-education establishment; as for cash, the inmates must deposit it at the depository of the establishment and use it in accordance with the provisions of Article 19 of this Regulation.
RESPONSIBILITY OF THE STATE AGENCIES IN THE MANAGEMENT OF RE-EDUCATION ESTABLISHMENTS
Article 37.- The Ministry of the Interior is responsible for regularly inspecting and supervising the enforcement of the measure of consignment to re-education establishments to ensure that it is done in compliance with the provisions of law; promulgating the regulations on re-education establishments and forms to be uniformly applied; coordinating with other Ministries, branches and provincial People�s Committees in enforcing the measure of consignment to re-education establishments.
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