Decree No. 49/2020/ND-CP detailing the Law on Execution of Criminal Judgments

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Decree No. 49/2020/ND-CP dated April 17, 2020 of the Government detailing the Law on Execution of Criminal Judgments regarding community reintegration
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Official number: 49/2020/ND-CP Signer: Nguyen Xuan Phuc
Type: Decree Expiry date: Updating
Issuing date: 17/04/2020 Effect status:
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Fields: Criminal

SUMMARY

Persons completed prison sentences may be exempted for tuition fee for under 03 months

On April 17, 2020,  the Government promulgates the Decree No. 49/2020/ND-CP on detailing the Law on Execution of Criminal Judgments regarding community reintegration.

Accordingly, during two months before the prisoners completely serve their imprisonment sentence or after appraisal result on agreement of amnesty, conditional early release of competent authority, incarceration facilities shall carry out psychological counseling, legal procedures supporting for prisoners.

At the same time, prisoners completely serve the prison sentence, enjoying amnesty, conditional early release before going back to their home shall be granted an allowance from the Community re-integration funds of the prison.

Noticeably, persons having completely served their prison sentences  who take part in vocational training in college, intermediate, elementary level in under 03 months shall be exempt for or reduce the tuition fee, allow to enjoy stay - in policy, support for training fee, meal fee and travel fee if be the beneficiary of enjoying vocational training assistance policy in accordance with law provisions.

This Circular takes effect on June 15, 2020.

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Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 49/2020/ND-CP

 

Hanoi, April 17, 2020

 

DECREE

Detailing the Law on Execution of Criminal Judgments regarding community reintegration[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 19, 2018 Law on Special Amnesty;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing the Law on Execution of Criminal Judgments regarding community reintegration.

 

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree specifies measures for preparing for community reintegration for inmates and measures for ensuring community reintegration for persons having completed imprisonment sentences (below collectively referred to as measures for ensuring community reintegration); and responsibilities of ministries, People’s Committees at all levels, and agencies, organizations and individuals involved in the implementation of measures for ensuring community reintegration.

Article 2.Subjects of application

1. This Decree applies to inmates at detention facilities who are entitled to special amnesty or conditional early release before completing imprisonment sentences (below referred to as inmates); persons who are entitled to special amnesty or conditional early release and persons who have completed imprisonment sentences and returned to the community (below collectively referred to as persons having completed imprisonment sentences) and who are Vietnamese, foreigners or stateless persons permanently residing in Vietnam; and agencies, organizations and individuals involved in the implementation of measures for ensuring community reintegration.

Article 3.Principles of ensuring community reintegration

1. Complying with this Decree and relevant laws; ensuring the participation of agencies, organizations, individuals and families in the implementation of measures for ensuring community reintegration.

2. Creating favorable conditions for persons having completed imprisonment sentences to reintegrate themselves into communities, stabilize their lives, and prevent recidivism and violations of law.

3. Prohibiting all acts of disparagement and discrimination against, or infringement upon lawful rights and interests of, inmates and persons having completed imprisonment sentences.

Article 4.Funds for implementation of measures for ensuring community reintegration

1. State budget funds for implementation of measures for ensuring community reintegration shall be included in annual current expenditure estimates of agencies and units according to current regulations on state budget decentralization.

2. Prisons’ community integration funds shall be established according to Article 34 of the 2019 Law on Execution of Criminal Judgments to provide support for inmates to reintegrate themselves into communities after completing imprisonment sentences. The State shall encourage agencies and organizations to establish funds in accordance with law to support community reintegration activities and provide loans to persons having completed imprisonment sentences to help them learn vocational skills, seek jobs and stabilize their lives.

3. Agencies, organizations and individuals directly implementing measures for ensuring community reintegration may receive money, foreign currencies, objects, valuable papers and other property rights voluntarily contributed by agencies, organizations and individuals at home and abroad for use for community reintegration activities in accordance with law:

a/ For contributions in cash: Recipients shall open separate account books for monitoring contributed amounts; for contributions in foreign currency, diamond, gemstone, precious metal or other valuable objects, recipients shall sell them to commercial banks or hold auctions and remit the proceeds into their bank accounts;

b/ For contributions in kind: Recipients shall carry out procedures to receive and prepare storing yards and warehouses for preservation so as to ensure that these objects can be used safely;

c/ For non-material contributions: Recipients shall manage and use them in accordance with the law on intellectual property and other current legal documents;

d/ It is required to formulate plans on use of voluntary contributions and other lawful sources (if any) for community reintegration activities, clearly determining the purposes and beneficiaries of these activities; methods of organization of implementation and schedule of implementation; and quality of community reintegration activities, enclosed with detailed cost estimates in conformity with current financial criteria and norms.

 

Chapter II

MEASURES FOR PREPARING FOR COMMUNITY REINTEGRATION FOR INMATES

Article 5.Psychological counseling and assistance in legal procedures for inmates

1. In the period of 2 months before inmates complete imprisonment sentences or after obtaining competent agencies’ appraisal opinions agreeing with the proposal for grant of special amnesty to or conditional early release of inmates, detention facilities shall provide inmates with psychological counseling and assistance in legal procedures.

2. Psychological counseling aims to provide inmates with knowledge, helping them find orientations and improve their ability to solve difficulties and problems in the course of community reintegration by themselves. Counseling issues include:

a/ Counseling on emotional, marriage, family and health problems; prevention and control of drugs, HIV/AIDS and social evils;

b/ Counseling to help inmates get rid of inferiority complex, develop will, confidence and ability to cope with and settle problems arising in the course of community reintegration.

c/ Counseling on labor and employment issues, use of trained vocational skills, social insurance and other relevant issues.

3. Methods of providing psychological counseling to inmates:

a/ Detention facilities shall issue counseling registration forms for inmates to register their counseling needs, or proactively detect problems on which inmates need counseling and, on that basis, designate officers who have experiences and knowledge on these fields to provide counseling to inmates. Counseling may be organized in the form of private counseling for each inmate or group counseling for inmates having the same problems;

b/ Private counseling sessions shall be held in counseling rooms which are furnished with desks and chairs and other necessary devices serving the provision of counseling.

4. Inmates who are going to complete imprisonment sentences shall be assisted in such legal procedures as residence registration; civil status registration; grant of citizen identity cards; loan borrowing, business registration, signing of labor contracts and other administrative procedures in accordance with law.

5. Detention facilities may invite justice and education and training officers and representatives of Lawyers’ Associations, Youth Unions, universities, HIV/AIDS prevention and control centers, employment service centers, enterprises and other functional agencies to provide counseling and assistance in legal procedures to inmates. Staff members of state agencies and social organizations who come to detention facilities to provide counseling and assistance in legal procedures to inmates must produce letters of introduction issued by leaders of these state agencies or social organizations and obtain approval from superintendents of prisons or detention camps or heads of district-level Public Security Divisions’ criminal judgment execution agencies.

Article 6.Career orientation and improvement of job-seeking ability for inmates

1. Detention facilities shall examine and evaluate each inmate’s capacity, needs, conditions and circumstances so as to help them work out their own community reintegration plans; coordinate with employment service centers in providing inmates with information on the labor market, and career orientation counseling; and recommending jobs for them.

2. Based on inmates’ abilities and needs, demands of the labor market and practical conditions, 3 months before inmates complete imprisonment sentences, detention facilities shall work out plans and coordinate with functional agencies and units in organizing vocational training and further training for vocational skill improvement, and grant vocational certificates to inmates.

3. Under-18 inmates shall be given with priority in vocational training and further training for vocational skill improvement so as to facilitate their community reintegration.

4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in, directing and guiding the organization of vocational training, further training for vocational skill improvement and grant of vocational certificates for inmates who are going to complete imprisonment sentences and contacting enterprises and production establishments to recommend and create jobs for them.

Article 7.Provision of financial support from prisons’ community integration funds to inmates upon community reintegration

1. Before returning to their places of residence, inmates who have completed imprisonment sentences or are entitled to special amnesty or conditional early release shall be granted an amount of financial support from prisons’ community integration funds.

2. Prisons’ superintendents shall, based on revenue sources of their prisons’ community integration funds, decide on the level of financial support for each inmate suitably to his/her conditions and circumstances.

Article 8.Notification of inmates’ completion of imprisonment sentences

1. Two months before inmates complete imprisonment sentences, detention facilities shall notify the inmates’ completion of imprisonment sentences to district-level Public Security Divisions’ criminal judgment execution agencies, commune-level People’s Committees or agencies, organizations or units where the inmates will return to reside or work according to Clause 1, Article 46 of the 2019 Law on Execution of Criminal Judgments.

2. For helpless inmates whose places of residence after completion of imprisonment sentences cannot be identified and who are entitled to admission to social protection establishments, detention facilities shall request commune-level People’s Committees and labor, invalids and social affairs agencies of the localities where inmates serve imprisonment sentences to coordinate with each other in carrying out procedures for admitting these inmates to local social protection establishments right after they complete imprisonment sentences.

 


Chapter III

MEASURES FOR ENSURING COMMUNITY REINTEGRATION FOR PERSONS HAVING COMPLETED IMPRISONMENT SENTENCES

Article 9.Information, communication and education on community reintegration

1. Information, communication and education on community reintegration aim to direct and encourage social communities to participate in provision of education and assistance to, and abolishment of prejudice, disparagement and discrimination against, persons having completed imprisonment sentences; improve their awareness and sense of law observance, and prevent them from falling into recidivism and committing violations of law.

2. Contents of information, communication and education on community reintegration:

a/ Policies and laws of the Party and the State on community reintegration for persons having completed imprisonment sentences;

b/ Rights and obligations of citizens, and rights and obligations of persons having completed imprisonment sentences prescribed in legal documents;

c/ Good measures and experiences, advanced models and examples in management and education of, provision of assistance to, and abolishment of prejudice, disparagement and discrimination against, persons having completed imprisonment sentences;

d/ Positive factors in implementation of measures for ensuring community reintegration and typical examples of rehabilitation and progression;

dd/ Other contents related to community reintegration for persons having completed imprisonment sentences.

3. Forms of information, communication and education:

a/ Through mass media, grassroots information systems, the Internet, websites and portals of related agencies and organizations;

b/ Issuance of publications and materials;

c/ Through talks, community-based activities, counseling and specific education conducted by rapporteurs, communicators, and local administrations, sectors and mass organizations;

d/ Through assorted genres of traditional cultures, popular cultures, and literary and art works;

dd/ Other forms of information, communication and education.

Article 10.Psychological support and assistance in legal procedures

1. Psychological support aims to support and help persons having completed imprisonment sentences build confidence, fortitude and will to reintegrate themselves into communities and prevent them from committing negative acts or violations of law. Psychological support activities include: psychological counseling to help persons having completed imprisonment sentences get rid of inferiority complex; practice life skills and community integration skills; and improve their ability to solve difficulties and problems in social relations. Psychological support shall be provided right after persons having completed imprisonment sentences return to their places of residence in the following forms:

a/ Private counseling and group counseling;

b/ Provision of information and materials based on demands of persons having completed imprisonment sentences;

c/ Counseling through talks, community-based activities and forums with themes relating to issues on which persons having completed imprisonment sentences need support;

d/ Counseling via social networks, websites, emails, telephones and other information and communication means.

2. Persons having completed imprisonment sentences shall be provided with assistance and guidance in necessary legal procedures when participating in criminal procedures; being involved parties in civil or administrative procedures; entering into civil contracts; carrying out procedures to request courts to expunge their criminal records or issue criminal record certificates, or other administrative procedures in accordance with law.

Article 11.Vocational training and job creation for persons having completed imprisonment sentences

1. Persons having completed imprisonment sentences who participate in under-3 month vocational training courses at college, intermediate or primary level shall be entitled to tuition fee exemption or reduction, boarding policies and support in terms of training expenses and expenses for meals and travel if being beneficiaries of vocational training support policies in accordance with current law.

For persons having completed imprisonment sentences who are not beneficiaries of support policies prescribed by law, provincial-level People’s Committees shall consider and decide on policies on vocational training support.

2. Persons having completed imprisonment sentences shall be entitled to borrow loans to pay vocational training expenses according to regulations on student loans; borrow capital from the National Employment Fund and given with priority when registering for participation in the implementation of public employment policies in accordance with the regulations on job creation support policies and regulations of the National Employment Fund.

Based on local socio-economic conditions, provincial-level Departments of Labor, Invalids and Social Affairs shall coordinate with related agencies in proposing provincial-level People’s Committees to use other credit sources to provide soft loans to persons having completed imprisonment sentences to develop production and create jobs for themselves.

3. Under-18 persons who have completed imprisonment sentences shall be given with priority in vocational training and borrowing of capital for job creation; children having completed imprisonment sentences shall be entitled to appropriate support, intervention and protection measures in accordance with law.

4. Based on demands of persons having completed imprisonment sentences and practical situation in the labor market, employment service centers shall provide counseling and recommend jobs free of charge to persons having completed imprisonment sentences; monitor and report employment situation of persons having completed imprisonment sentences whose jobs are recommended by the centers to state management agencies in charge of employment services.

Article 12.Other assistance measures

1. Local administrations, agencies, units, organizations and individuals shall receive, educate and help persons having completed imprisonment sentences reintegrate themselves into communities and refrain from committing violations of law.

2. The State shall encourage agencies, units, organizations and individuals to participate in provision of counseling and assistance in legal procedures, vocational training, job recommendation and support for persons having completed imprisonment sentences to reintegrate themselves into communities; and encourage the recruitment of persons having completed imprisonment sentences to agencies, organizations and production and business establishments.

3. Agencies, units, organizations and individuals participating in monitoring, education of and provision of assistance to persons having completed imprisonment sentences shall be given with priority in renting houses or infrastructure facilities of the State; entitled to tax exemption or reduction in accordance with relevant tax laws and guiding documents.

4. Provincial-level People’s Committees shall, based on their competence in formulating land-use master plans and plans, and availability of land and other natural resources in their localities, help organizations and individuals provide vocational training and create jobs for persons having completed imprisonment sentences.

 

Chapter IV

RESPONSIBILITIES OF MINISTRIES, PEOPLE’S COMMITTEES AT DIFFERENT LEVELS, AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR IMPLEMENTING MEASURES FOR ENSURING COMMUNITY REINTEGRATION

Article 13.Responsibilities of the Ministry of Public Security

1. To assist the Government in monitoring, directing and guiding the implementation of measures for ensuring community reintegration.

2. To coordinate with related ministries and sectors in studying, formulating and promulgating specific regimes and policies on measures for ensuring community reintegration.

3. To direct Public Security agencies at all levels to coordinate with the Fatherland Front Committees, Labor, Invalids and Social Affairs agencies and other related agencies and organizations in assisting People’s Committees of the same level in implementing measures for ensuring community reintegration.

4. To direct detention facilities to implement measures for preparing for community reintegration for inmates according to regulations.

5. To examine, inspect, supervise, conduct preliminary and final review of, and send periodical or extraordinary reports to the Government on, the implementation of the Law on Execution of Criminal Judgments regarding community reintegration.

Article 14.Responsibilities of the Ministry of National Defense

1. To direct prisons under its management and detention camps of military zones to implement measures for preparing for community reintegration for inmates.

2. To direct the recruitment and employment of, and settlement of policies for, persons who used to be military personnel or national defense employees before being sentenced to imprisonment to help them stabilize their lives and reintegrate themselves into communities.

3. To guide, examine, inspect, supervise and report to the Government on the situation and results of implementation of measures for ensuring community reintegration.

Article 15.Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To coordinate with the Ministry of Public Security and the Ministry of National Defense in organizing activities to provide career counseling and orientation, job recommendation to, improve job-seeking abilities for, inmates who are going to complete imprisonment sentences; to guide the provision of vocational training and grant of vocational certificates for inmates in detention facilities.

2. To direct and guide Labor, Invalids and Social Affairs agencies at all levels to coordinate with local functional agencies in formulating and implementing plans on vocational training, counseling, job recommendation, provision of loans for vocational training, and job creation for persons having completed imprisonment sentences; to propose provincial-level People’s Committees to consider and decide on policies on support for vocational training and provision of soft loans to persons having completed imprisonment sentences who fall into difficult circumstances in order to create jobs for them, and send to social protection establishments persons having completed imprisonment sentences who are helpless and entitled to admission to social protection establishments.

Article 16.Responsibilities of the Ministry of Justice

1. To direct and guide civil judgment enforcement agencies to review and compile dossiers to request courts to grant exemption from or reduction of civil judgment enforcement liability for persons having completed imprisonment sentences when conditions are fully met and settle complaints and denunciations about civil judgment enforcement in accordance with law.

2. To direct the National Center for Criminal Records and provincial-level Departments of Justice to update information on the status of criminal convictions of persons having completed imprisonment sentences and issue judicial record certificates upon request in accordance with law.

3. To coordinate with the Ministry of Public Security and functional agencies in studying, amending, supplementing and improving relevant legal documents, creating complete and appropriate legal foundations for effectively carrying out community reintegration activities for persons having completed imprisonment sentences.

Article 17.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 news and press agencies in conducting information, communication and education on community reintegration under Article 9 of this Decree.

Article 18.Responsibilities of the Ministry of Finance

To allocate state budget funds for the implementation of measures for ensuring community reintegration according to current regulations on state budget decentralization.

Article 19.Responsibilities of related ministries, agencies and organizations

Other ministries, agencies and organizations shall, within the ambit of their functions, tasks and powers, direct and guide the coordination in the implementation of measures for ensuring community reintegration.

Article 20.Responsibilities of provincial-level People’s Committees

1. To direct the implementation of measures for ensuring community reintegration, preventing and combating recidivism and violation of law.

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

3. To direct district-level People’s Committees and related agencies and organizations to guide, examine and urge the receipt, management, supervision and education of, and provision of assistance to, persons having completed imprisonment sentences who return to reside in their localities; to decide on the admission to social protection establishments of persons having completed imprisonment sentences who are helpless and entitled to admission to social protection establishments.

4. To decide on the setting up of social funds and charity funds at the proposal of agencies, organizations and individuals in accordance with law to support and assist persons having completed imprisonment sentences in borrowing loans to participate in vocational training courses, seek jobs and stabilize their lives.

5. To allocate state budget funds according to the Law on the State Budget for implementation of measures for ensuring community reintegration; to consider and decide on policies on support for vocational training and provision of soft loans to persons having completed imprisonment sentences in order to create jobs for them and adopt policies to encourage agencies, organizations and individuals to create conditions for persons having completed imprisonment sentences to participate in vocational training courses, seek jobs, stabilize their lives and integrate themselves into communities.

Article 21.Responsibilities of district-level People’s Committees

1. To organize the implementation of measures for ensuring community reintegration; to adopt appropriate policies to encourage agencies, organizations and individuals to create conditions for persons having completed imprisonment sentences to participate in vocational training courses, seek jobs and stabilize their lives.

2. To direct commune-level People’s Committees, agencies, mass organizations and social organizations in receipt, supervision, and education of, and provision of assistance to, persons having completed imprisonment sentences who return to reside in their localities.

3. To organize vocational training and create jobs for persons having completed imprisonment sentences to integrate themselves into communities; to implement other assistance policies in accordance with law.

Article 22.Responsibilities of commune-level People’s Committees

1. To implement measures for ensuring community reintegration for persons having completed imprisonment sentences who return to reside in their localities.

2. To assign organizations and individuals to take charge of receiving, supervising, educating and assisting persons having completed imprisonment sentences; to examine and urge the implementation and mobilize people living in the same residential quarters with persons having completed imprisonment sentences to closely coordinate with their families in supervising, educating and assisting them.

3. To mobilize and create favorable conditions for enterprises, production and business establishments, organizations and individuals to admit and employ persons having completed imprisonment sentences.

4. To provide psychological support and assistance in legal procedures; to carry out procedures to request competent courts to consider and decide on expungement of criminal records in special cases for persons having completed imprisonment sentences who show remarkable progresses and perform a feat in accordance with law; to report and propose competent agencies to consider shortening the period of probation or granting exemption from serving the remainder of additional penalties or exemption from or reduction of civil judgment enforcement liability for persons having completed imprisonment sentences when conditions are fully met in accordance with law; to prioritize and select persons having completed imprisonment sentences to participate in the implementation of public employment policies; to apply support, intervention and protection measures to persons having completed imprisonment sentences who are children when returning to and reintegrating themselves into communities; to implement policies toward persons having completed imprisonment sentences who are beneficiaries of social protection policies.

Article 23.Responsibilities of provincial-level Departments of Public Security

1. To advise chairpersons of provincial-level People’s Committees on directing the implementation of measures for ensuring community reintegration for persons having completed imprisonment sentences.

2. To formulate plans for, and direct and guide district-level Public Security Divisions in receipt, management, supervision and education of, and provision of assistance to, persons having completed imprisonment sentences, and create conditions for them to exercise their citizen rights and fulfill other citizen obligations in accordance with law.

3. To assume the prime responsibility for, and coordinate with sectors, mass organizations and social organizations in, helping persons having completed imprisonment sentences overcome difficulties and stabilize their lives.

4. To direct criminal judgment execution agencies of local Public Security forces to periodically or upon request summarize data on, and assess the situation and results of, receipt, management, supervision and education of, and provision of assistance to, persons having completed imprisonment sentences in community reintegration, for reporting to the Ministry of Public Security and provincial-level People’s Committees.

Article 24.Responsibilities of district-level Public Security Divisions

1. To advise district-level People’s Committees on organizing the implementation of measures for ensuring community reintegration for persons having completed imprisonment sentences who return to reside in their localities.

2. To coordinate with agencies, organizations and functional units in guiding, examining and urging commune-level Public Security Offices in management, supervision and education of, and provision of assistance to, persons having completed imprisonment sentences in community reintegration.

3. To coordinate with agencies, sectors, mass organizations and social organizations in mobilizing enterprises, and production and business organizations and  individuals to provide loans and recommend jobs for persons having completed imprisonment sentences.

4. To direct criminal judgment execution agencies of district-level Public Security Divisions to make dossiers to request competent agencies to consider shortening the period of probation and granting exemption from serving the remainder of additional penalties or exemption from or reduction of civil judgment enforcement liability for persons having completed imprisonment sentences when conditions are fully met in accordance with law; to periodically or upon request summarize data on, and assess the situation and results of, receipt, management, supervision and education of, and provision of assistance to, persons having completed imprisonment sentences in community reintegration for reporting to provincial-level Departments of Public Security and district-level People’s Committees.

Article 25.Responsibilities of commune-level Public Security Offices

1. To advise commune-level People’s Committee chairpersons on implementation of measures for ensuring community reintegration for persons having completed imprisonment sentences who return to reside in their localities.

2. To proactively inquire information on the situation, conditions, circumstances, feelings and legitimate aspirations of persons having completed imprisonment sentences in order to advise and guide them to implement their own plans on community reintegration and advise and propose commune-level People’s Committees to create conditions to help these persons solve their difficulties and stabilize their lives.

3. To compile dossiers on management, supervision and education of persons having completed imprisonment sentences; to coordinate with Fatherland Front Committees, organizations and social organizations in advising commune-level People’s Committee chairpersons on assigning organizations and individuals to directly manage, supervise, educate and assist persons having completed imprisonment sentences.

4. To guide and assist persons having completed imprisonment sentences in carrying out procedures for residence registration, civil status registration, grant of citizen identity cards, grant of criminal record certificates, and request for expungement of criminal records; to proactively report to commune-level People’s Committees for the latter to carry out procedures to request competent courts to consider and decide to expunge criminal records for persons having completed imprisonment sentences in special cases in accordance with law.

5. To pay attention and provide assistance to, and maintain security and order and create favorable conditions for, establishments, organizations and individuals to participate in education of, and provision of career orientation and vocational training to, and to recruit and create jobs for, persons having completed imprisonment sentences.

6. To promptly consider and propose commune-level People’s Committee chairpersons to apply support, intervention and protection measures to persons having completed imprisonment sentences who are children; apply measures of education at communes, wards or townships, and handle persons having completed imprisonment sentences who fall into recidivism, commit violations or breach obligations in accordance with law.

8. Periodically or upon request, to summarize and report on the situation and results of, and make proposals and recommendations on, matters related to the management, supervision, education of, and provision of assistance to, persons having completed imprisonment sentences in community reintegration.

Article 26.Responsibilities of agencies, organizations, individuals and families engaged in education of, and provision of assistance to, persons having completed imprisonment sentences

1. To proactively acquire information on the situation, feelings, aspirations, advantages and difficulties of persons having completed imprisonment sentences so as to coordinate with local administrations and related agencies and organizations in reaching agreement on measures for educating persons having completed imprisonment sentences and helping them implement their own plans on community reintegration, seek jobs and stabilize their lives.

2. To urge and remind persons having completed imprisonment sentences to strictly observe policies and laws of the State as well as regulations of local administrations; fulfill commitments and obligations of persons having completed imprisonment sentences, work and study hard and proactively participate in social activities; to promptly detect and inform commune-level Public Security Offices and People’s Committees and local functional agencies of signs and acts of violation of persons having completed imprisonment sentences in order to apply appropriate management and education measures.

 

Chapter V

IMPLEMENTATION PROVISIONS

Article 27.Effect

1. This Decree takes effect on June 15, 2020.

2. The Government’s Decree No. 80/2011/ND-CP of September 16, 2011, on measures for ensuring community reintegration for persons having completed imprisonment sentences, ceases to be effective on the effective date of this Decree.

Article 28.Implementation guidance

The Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Justice, the Ministry of Information and Communications and related ministries and sectors shall, within the ambit of their functions, tasks and powers, coordinate with one another in guiding and examining the implementation of this Decree.

Article 29.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 XUAN PHUC

 



[1]Công Báo Nos 567-568 (29/4/2020)

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