Decree 09/2023/ND-CP detail Resolution 54/2022/QH15 on pilot application of the model of organization of working activities for inmates outside prisons

DECREE

Detailing the implementation of the National Assembly’s Resolution No. 54/2022/QH15 of June 16, 2022, on pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the National Assembly’s Resolution No. 54/2022/QH15 of June 16, 2022, on pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing the implementation of the National Assembly’s Resolution No. 54/2022/QH15 of June 16, 2022, on pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of the National Assembly’s Resolution No. 54/2022/QH15 of June 16, 2022, on pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons (below referred to as Resolution No. 54/2022/QH15), covering:

1. Criteria for selection of prisons for pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons.

2. Criteria for selection of organizations to cooperate with prisons in carrying out working activities, vocational education and job training for inmates outside prisons.

3. Order and procedures for formulation, appraisal and approval of plans on organization of working activities, vocational education and job training and establishment of places for working activities, vocational and job training for inmates outside prisons.

4. Methods of, and criteria for, selection of inmates to participate in working activities, vocational education and job training outside prisons.

5. Entitlements and policies for inmates while participating in working activities, vocational education and job training outside prisons.

6. Responsibilities of related agencies and organizations.

Article 2. Subjects of application  

1. The Ministry of Public Security’s Criminal Judgment Execution Management Agency and prisons eligible for pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons; officers and soldiers of such Agency and prisons; provincial-level people’s procuracies of localities where prisons eligible for the pilot application are located; district- and commune-level People’s Committees of localities where places for working activities, vocational education and job training for inmates outside prisons are located; and organizations cooperating with prisons.

2. Inmates who are serving their imprisonment sentences in the Ministry of Public Security’s prisons that are eligible for the pilot application.

3. Other related agencies and organizations.

Chapter II

PERFORMANCE OF PILOT APPLICATION OF THE MODEL OF ORGANIZATION OF WORKING ACTIVITIES, VOCATIONAL EDUCATION AND JOB TRAINING FOR INMATES OUTSIDE PRISONS

Article 3. Selection of prisons for the pilot application   

1. To be selected for the pilot application, a prison must satisfy the following criteria:

a/ Lacking physical foundations within its premises for organization of working activities, vocational education and job training to facilitate the community reintegration for inmates.

b/ Having needs for employment, capability for management and assignment of officers and soldiers, and appropriate number of inmates for cooperation with domestic organizations in carrying out working activities, vocational education and job training for inmates.

c/ Ensuring security and safety while the pilot application is organized.

2. Based on the criteria specified in Clause 1 of this Article, the Ministry of Public Security shall promulgate the list of prisons eligible for the pilot application.

Article 4. Criteria for selection of organizations to cooperate with prisons in carrying out working activities, vocational education and job training for inmates outside prisons

An organization wishing to cooperate with a prison in carrying out working activities, vocational education and job training for inmates outside the prison must satisfy the following conditions:

1. Not being owned by a foreign individual or organization; not entering into a joint venture or an association with a foreign or foreign-invested enterprise.

2. Possessing an enterprise registration certificate granted or issued by a competent state agency; or possessing a business license, for labor cooperation sectors and trades subject to conditional business investment.

3. Having documents proving its lawful use or ownership right to land and land-attached assets for organization of working activities, vocational education and job training.

4. Ensuring that the place for working activities, vocational education and job training for inmates outside the prison is located in a geographical area where the security and order situation is stable and which is no more than 50 km far from the prison’s nearest barrack for convenient management, examination and supervision of inmates and prompt response to unexpected circumstances, and has protection walls and fences separating it from residential areas.

5. Being capable of carrying out working activities, vocational education and job training for at least one team or group of inmates; ensuring conditions for the management of incarceration and education of inmates and for the organization of healthcare, cultural, artistic, physical training and sports activities for inmates; being engaged in law-permitted production or business sectors or trades not on the list of heavy, hazardous or dangerous occupations and jobs of grade V or higher grade under the Ministry of Labor, Invalids and Social Affairs’ Circular No. 11/2020/TT-BLDTBXH of November 12, 2020, promulgating the List of heavy, hazardous or dangerous occupations and jobs and extremely heavy, hazardous or dangerous occupations and jobs. In case its production or business sectors or trades are on the list of other conditional occupations and jobs, the organization shall commit to ensuring occupational safety for inmates.

Article 5. Order and procedures for formulation, appraisal and approval of plans on organization of working activities, vocational education and job training for inmates outside prisons and establishment of places for working activities, vocational education and job training for inmates outside prisons

1. Requests for entry into contracts on cooperation in organization of working activities, vocational education and job training for inmates outside prisons

An organization shall send a written request to the prison eligible for pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons for cooperation in carrying out such activities. Such request must state the organization’s name; enterprise identification number or tax identification number; business registration certificate; name and position of the organization’s representative; main business sector or trade and sector or trade requested for cooperation; area and location of the place and workshops expected to be used for organization of working activities, vocational education and job training for inmates; projected number of inmates participating in working activities, vocational education and job training in each sector or trade and in all sectors or trades requested for cooperation; and cooperation duration. The request shall be enclosed with notarized copies of related papers and dossier proving the organization’s capacity (if any).

2. Order and procedures for formulation and appraisal of a dossier of request for approval of the policy on cooperation in organizing working activities, vocational education and job training for inmates outside a prison

a/ Within 7 working days after receiving an organization’s request for cooperation, based on the practical situation and its own demand, the prison shall organize a survey of the projected location of the place for working activities, vocational education and job training, and make a survey minutes which must state the location; land area; ground area of workshops; sectors or trades for cooperation; need for employment of inmates; roads to access the place; distance from the place to the prison’s nearest barrack; and characteristics of local residential areas and adjacent residential areas. The prison shall organize a meeting to consider conditions for organization of working activities, vocational education and job training for inmates outside the prison and issue a written reply.

In case of consenting to the cooperation, the prison and the requesting organization shall work out a cooperation plan and sign an in-principle agreement on cooperation in organization of working activities, vocational education and job training outside the prison, made according to Form 01-TT provided in the Appendix to this Decree. At the same time, the prison shall make a report according to Form 02-TTr provided in the Appendix to this Decree and send it together with the dossier, which must comprise a cooperation plan; an in-principle cooperation agreement; a dossier proving capacity of the cooperation-requesting organization; a survey minutes; commentaries about the investment project, plan on organization of working activities, vocational education and job training, and other related documents, to the Ministry of Public Security’s Criminal Judgment Execution Management Agency for approval of the cooperation policy.

b/ Within 7 working days after receiving a valid dossier from the prison, the Ministry of Public Security’s Criminal Judgment Execution Management Agency shall appraise the dossier and approve the cooperation policy and notify such to the prison for organization of implementation. In case of refusal to approve the cooperation policy, such Agency shall send a notice of refusal to the prison, clearly stating the reason.

c/ After receiving the written approval of the cooperation policy from the Ministry of Public Security’s Criminal Judgment Execution Management Agency, the prison shall notify such to the cooperation-requesting organization for coordination in making a dossier of construction design of the place for working activities, vocational education and job training for inmates outside the prison under Point c, Clause 5, Article 6 of the Government’s Decree No. 133/2020/ND-CP of November 9, 2020, detailing the implementation of a number of articles of the Law on Execution of Criminal Judgments (below referred to as Decree No. 133/2020/ND-CP), and construct work items of the place under regulations.

3. Establishment of a place for working activities, vocational education and job training for inmates outside a prison:

a/ After completing work items under relevant regulations, ensuring satisfaction of the conditions for incarceration and organization of working activities, vocational education and job training, the prison shall coordinate with the cooperating organization in making a minutes of pre-acceptance test of the completed work.

b/ The prison shall complete and submit to the Ministry of Public Security’s Criminal Judgment Execution Management Agency a dossier of request for establishment of a place for working activities, vocational education and job training for inmates outside the prison, which must comprise a report made according to Form 03-TTr provided in the Appendix to this Decree; a written approval of the cooperation policy; a design dossier for the place for working activities, vocational education and job training for inmates outside the prison; and a minutes of pre-acceptance test of the completed work.       

c/ Within 20 working days after receiving the dossier of request, the Ministry of Public Security’s Criminal Judgment Execution Management Agency shall organize examination, appraisal and approval, and issue a decision on establishment of a place for working activities, vocational education and job training for inmates outside the prison. After the examination and appraisal, if refusing to approve the establishment of such place for the reason that necessary work items have not yet been completed under regulations, the Ministry of Public Security’s Criminal Judgment Execution Management Agency shall guide the organization cooperating with the prison in continuing to complete such work items and then supplement, modify and finalize the dossier of request and submit the dossier of request again to such Agency for approval.

4. Organization of working activities, vocational education and job training for inmates outside a prison

a/ Based on the decision on establishment of a place for working activities, vocational education and job training for inmates outside a prison issued by the Ministry of Public Security’s Criminal Judgment Execution Management Agency, the prison shall sign a contract on cooperation with an organization according to Form 04-HD provided in the Appendix to this Decree and assign its officers and soldiers and arrange eligible inmates for organization of working activities, vocational education and job training for inmates and, at the same time, send a notice of organization of working activities, vocational education and job training to the provincial-level procuracy of the locality where the prison eligible for the pilot application is located and the district- and commune-level People’s Committees of the locality where the place for working activities, vocational education and job training is to be located for oversight and coordination upon request.

b/ Prison wardens shall base themselves on specific conditions of the prison and capability for cooperation with the organization to work out a plan on organization of working activities, vocational education and job training for inmates outside the prison and incorporate such plan in the prison’s annual plan on organization of working activities and job training for inmates before sending it to the Ministry of Public Security’s Criminal Judgment Execution Management Agency for appraisal and approval under Clause 3, Article 16 of Decree No. 133/2020/ND-CP.

Article 6. Method of, and criteria for, selection of inmates to participate in working activities, vocational education and job training outside prisons

1. Method of selection of inmates:

Prisons shall disseminate the conditions and criteria specified in Clause 2 of this Article for inmates to consider and willingly make written requests for permission for participation in working activities, vocational education and job training outside prisons. Prison wardens shall direct professional teams in coordinating with one another in selecting inmates under regulations.

2. An inmate who does not fall into the cases specified at Points a thru m, Clause 4, Article 1 of Resolution No. 54/2022/QH15 will be brought to a place for working activities, vocational education and job training outside the prison if satisfying the following conditions:

a/ Having a clear place of residence.

b/ Having strictly observed internal rules of the incarceration facility and showing a sense of progress in reform.

c/ Falling into a case of first-time crime commission, having been entitled to reduction of the imprisonment term with the remaining imprisonment term of 7 years or less, and having been rated as “fairly good” or “good” for at least 12 months preceding to the time of consideration, for inmates serving imprisonment sentences of over 15 years or life sentences. 

d/ Falling into a case of first-time crime commission and satisfying the following conditions: having served at least one-third of the imprisonment term with the remaining imprisonment term of 7 years or less, having been entitled to reduction of the imprisonment term, and having been rated as “fairly good” or “good” for at least 9 months preceding to the time of consideration, for inmates serving imprisonment sentences of between over 7 years and 15 years; or having been rated as “fairly good” or “good” for at least 6 months preceding to the time of consideration, for inmates serving imprisonment sentences of between over 3 years and 7 years; or having been rated as “fairly good” or “good” for at least 3 months preceding to the time of consideration, for inmates serving imprisonment sentences of 3 years or less.

dd/ For inmates with drug addiction history, prudent and strict consideration is required to ensure that only those who show no sign of drug dependence will be selected to be brought to the place for working activities, vocational education and job training outside the prison. 

Article 7. Entitlements and policies for inmates while participating in working activities, vocational education and job training outside prisons

1. Inmates participating in working activities, vocational education and job training outside prisons have their benefits and obligations guaranted and get paid in accordance with the Law on Execution of Criminal Judgments and detailing and guiding documents.

2. At least one month before an inmate completes serving his/her imprisonment sentence or before the decision on amnesty or decision on conditional early release is executed, the inmate shall be brought back to the prison for the preparation for his/her community reintegration under regulations. 

3. In case inmates commit law-breaking acts or violations of internal rules of their incarceration facilities or regulations on assurance of occupational safety and health, disease prevention, and fire and explosion prevention and fighting which are subject to disciplining measures, they shall be brought back to prisons for handling under regulations.

Chapter III

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN PILOT APPLICATION OF THE MODEL OF ORGANIZATION OF WORKING ACTIVITIES, VOCATIONAL EDUCATION AND JOB TRAINING FOR INMATES OUTSIDE PRISONS

Article 8. Responsibilities of the Ministry of Public Security

1. To direct and examine the organization of working activities, vocational education and job training for inmates outside prisons.

2. To take responsibility before the Government for the implementation of Resolution No. 54/2022/QH15 and this Decree; to annually report to the Government on pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons; to advise the Government on the formulation of a report on review of 3 years’ implementation of Resolution No. 54/2022/QH15 for presentation to the National Assembly at its year-end regular session of 2025, and on the formulation of a report on final review of the implementation of Resolution No. 54/2022/QH15, and propose improvement of the law on execution of criminal judgments for reporting to the National Assembly at its mid-2027 regular session. 

Article 9. Responsibilities of the Ministry of Public Security’s Criminal Judgment Execution Management Agency

The Ministry of Public Security’s Criminal Judgment Execution Management Agency shall, within the ambit of its functions, tasks and powers, organize the pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons and examine, guide and supervise prisons in the course of the pilot application in accordance with law.

Article 10. Responsibilities of prisons

1. To coordinate with cooperating organizations in formulating plans and completing and submitting dossiers of request for approval of the cooperation policy to the Ministry of Public Security’s Criminal Judgment Execution Management Agency for approval.

2. To make and submit dossiers of request for establishment of places for working activities, vocational education and job training for inmates outside prisons to the Ministry of Public Security’s Criminal Judgment Execution Management Agency for consideration, appraisal and approval.

3. To sign cooperation contracts with organizations for performance of working activities, vocational education and job training for inmates under approved plans.

4. To select and assign experienced officers and soldiers suitable to characteristics and requirements of their duty performance at places for working activities, vocational education and job training for inmates outside prisons; to assign female officers for places where there are female inmates.  

5. To directly organize the management of incarceration, education and reform of inmates, ensuring security and safety at places for working activities, vocational education and job training for inmates in accordance with the Law on Execution of Criminal Judgments.

6. To notify the pilot application of the model of organization of working activities, vocational education and job training for inmates outside prisons to provincial-level procuracies of localities where prisons eligible for the pilot application are located, and to district- and commune-level People’s Committees of localities where places for working activities, vocational education and job training for inmates outside prisons are located for oversight, examination, supervision and coordination upon request.

7. To keep accounting books for monitoring and accounting revenues from and expenditures for working activities, vocational education and job training for inmates outside prisons, make deductions and remit them into the state budget, and manage and use the collected amounts in accordance with Decree No. 133/2020/ND-CP and relevant regulations. 

8. To comply with the Law on Execution of Criminal Judgments, the Law on Occupational Safety and Health and relevant regulations upon the occurrence of security and safety threats at places for working activities, vocational education and job training for inmates outside prisons.

Article 11. Responsibilities of organizations cooperating with prisons

1. To invest in building physical foundations to serve the management of incarceration, education and reform of, and organization of working activities, vocational education and job training for, inmates; and facilities to serve prison officers and soldiers, and hand them over to prisons for management.

2. To coordinate with prisons in providing job training and occupational experience transmission; to arrange occupations and jobs for inmates; to ensure working conditions and safety and environmental sanitation for inmates participating in working activities, vocational education and job training in accordance with law; to pay to prisons remuneration for inmates’ labor and expenses for the organization of working activities and vocational training during the cooperation period under signed contracts. 

3. To create conditions for related agencies and units to properly perform their functions of examining, overseeing and supervising the serving of imprisonment sentences by inmates in accordance with law.

Article 12. Responsibilities of related agencies and units

1. The Ministry of Finance shall direct tax offices in granting enterprise income tax exemption for incomes earned from working activities, vocational education and job training for inmates outside prisons during the pilot application period for organizations cooperating with prisons. 

2. Ministries, ministerial-level agencies and related organizations shall, within the ambit of their responsibilities and powers, coordinate with the Ministry of Public Security in directing and guiding the organization of working activities, vocational education and job training for inmates outside prisons; and implement entitlements and policies for inmates and ensure security and safety for them in accordance with the Law on Execution of Criminal Judgments.

3. District- and commune-level People’s Committees of localities where places for working activities, vocational education and job training for inmates are located shall coordinate with prisons in maintaining security and order in surrounding areas of such places; prevent and remedy incidents related to disasters, epidemics, environmental sanitation, and fire and explosion prevention and fighting; coordinate with responsible agencies in handling according to their competence violations involving inmates and remedying occupational accidents or cases in which inmates violate internal rules of incarceration facilities.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effect

This Decree takes effect from March 13, 2023, until Resolution No. 54/2022/QH15 ceases to be effective.

Article 14. Implementation responsibility

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

On behalf of the Government
Prime Minister
PHAM MINH CHINH

* The Appendix to this Decree is not translated.