Decree No. 09/2012/ND-CP dated February 17, 2012 of the Government providing the management of and regimes for persons in stay pending their exit under the Law on execution of criminal judgments

DECREE

PROVIDING THE MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY PENDING THEIR EXIT UNDER THE LAW ON EXECUTION OF CRIMINAL JUDGMENTS

THE GOVERNMENT

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

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 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 (below collectively referred to as persons in stay).

Article 2. Subjects of application

This Decree applies to persons in stay; agencies, organizations and individuals related 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 partly otherwise provides for, such treaty prevails.

Article 3. Implementation funding

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

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 submit to the management and surveillance 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 toilet and a lying space of at least 3 m2 and be provided with a mat, blanket and mosquito net.

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

Article 6. Food rations and clothes for persons in stay

1. The monthly food ration for a person in stay is 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 soup seasoning, 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 Stale), 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 according to practical conditions to ensure that persons in stay eat up their rations.

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

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

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

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 belongings of persons in stay

1. Persons in stay may have healthy physical training, sports and cultural performance activities within their accommodation establishments. Each room shall be furnished 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 set by accommodation establishments.

2. Persons in stay may telephone or send mails to their relatives and consular offices under regulations of accommodation establishments. Telephone and mail charges shall be paid by persons in stay.

3. Persons in stay who have cash amounts or valuable belongings shall deposit them at accommodation establishments for safekeeping and may receive them back before departure. Accommodation establishments shall issue deposit books or deposited money monitoring slips to persons in stay for use in lieu of 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 each time.

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 is a national 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 slay 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 must be 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/ Permission for visiting persons 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 shall check letters, cash and articles before they are brought into the establishments. The management and use of cash and articles by persons in stay comply with Clause 3, Article 7 of this Decree.

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

Article 9. Medical examination and treatment for persons in slay

1. During their stay at accommodation establishments, persons in stay who fall ill are entitled to medical examination and treatment 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 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 shall ask for permission of accommodation establishments and bear all medical examination and treatment expenses.

Accommodation establishments shall notify the transferal 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 judgment enforcement rulings, the Ministry of Foreign Affairs of Vietnam, consular offices or other agencies authorized to perform the consular function of countries of which these persons are citizens, or Vietnam-based representative offices of international organizations where these persons work, agencies or organizations that have guaranteed these persons entry in Vietnam; and Vietnam-based relatives or lawful representatives 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 shall bear these expenses.

2. Accommodation establishments shall transfer persons in slay 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 contact provincial-level Justice Departments in localities where they are located for carrying out birth registration procedures under Articles 49 and 50 of Decree No. 158/2005/ND-CP of December 27, 2005, on civic 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. Food rations, accommodations, medical examination and treatment and burial expenses for these children are the same as those applicable to persons in stay. On June 1st (the international children s day) 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 fall ill and to burial expenses when they die like persons in stay.

Article 11. Handling of cases in which person in slay 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 apply.

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 shall 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 specified in Clause 1, Article 9 of this Decree.

Article 12. Handling of cases in which persons in slay 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 shall 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 at the same time 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 is a citizen 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 Vietnam-based relative or lawful representative 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 conduct the burial, they shall bear burial expenses.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Settlement of external formalities related to persons in stay

The Ministry of Foreign Affairs shall guide the settlement of external formalities related to the expulsion of persons in stay; exchange or provide information relating to persons in stay with/to foreign diplomatic missions or 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 settling according to their functions all arising matters related to persons staying at these accommodation establishments pending their departure.

Article 14. Effect

This Decree lakes 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.-