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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 32-CP
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Hanoi, April 14,
1997
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DECREE
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.
Article 2.-
This Decree takes effect after 15 days from the date of its signing, the
earlier provisions which are contrary to this Decree are now annulled.
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)
Chapter I
GENERAL PROVISIONS
Article
1.- The consignment to re-education establishments is an administrative
measure to compel the persons defined in Item 1, Article 2 of this Regulation
to learn, to labor and place themselves under the management of the
re-education establishments for 6 months to 2 years, with a view to reforming
them into honest citizens.
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.
Article
3.- The measure to consign a person to a re-education establishment must be
applied to the right person, according to the right order, procedures and
competence prescribed in the Ordinance on the Handling of Administrative
Violations and this Regulation.
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.
Article 4.-
A re-education establishment is a place of collective education, labor and
daily activities of the persons subject to decision on consignment to the re-education
establishments.
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.
Article 5.-
The funds for the capital construction, operations of re-education
establishments and the purchase of equipment therefor shall be allocated by the
Ministry of the Interior on the basis of the annual State budget allocation
plan.
Chapter II
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.
Article 7.-
After receiving the dossier proposing the consignment of a person to a
re-education establishment, the President of the provincial People’s Committee
shall immediately send it to the Consulting Council.
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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.
Article 8.-
1. The
President of the provincial People’s Committee shall decide the consignment of
a person to a re-education establishment within 10 days from the date of
receiving the written proposal from the Consulting Council.
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.
Article 9.-
1. Within
5 days from the date of receiving the decision to consign a person to a
re-education establishment, the provincial police shall have to consign such
person thereto.
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.
Article
10.-
1. When
consigning a person to the re-education establishment, the accompanying dossier
shall include:
- 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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Article
12.- If a person who is subject to a decision on consignment to a
re-education establishment and living among others escapes, the provincial
police chief shall issue a search, arrest and temporary custody warrant in
accordance with the administrative procedures. If a person who is executing the
decision in the re-education establishment escapes, the Director of the
re-education establishment shall order the search for and arrest of the escapee
who shall be escorted back to the re-education establishment. The time of
his/her escape shall not be calculated in the term of execution of the
decision.
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.
Chapter
III
ORGANIZATION OF
RE-EDUCATION ESTABLISHMENTS AND MANAGEMENT OF INMATES
Article
13.-
1. The
Minister of the Interior shall decide the establishment of a re-education
establishment; appoint and dismiss the Director and Deputy Directors of the
establishment; decide the payroll and organizational apparatus.
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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Article
14.- The Director of the re-education establishment shall have the
following tasks and powers:
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.
Article
15.- Qualifications of the Director, Deputy Directors and officials and
employees of the re-education establishment:
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.
Article
16.- The re-education establishment is entitled to receive aid and material
assistance from domestic and overseas organizations and individuals; to enter
into cooperation contracts with organizations, individuals and economic
establishments in accordance with the provisions of law.
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Article
18.- Depending on the number of inmates, their re-education terms, the
characteristics of their personal identification, the nature and seriousness of
their offenses, their health conditions, sex and ages, the Director of the
re-education establishment shall organize the proper management.
Article
19.- The Minister of the Interior shall prescribe the regime and the mode
of using cash and list of objects the inmates are allowed to bring or banned from
bringing into the re-education establishments.
Article
20.- The segregation of an inmate from his/her re-education establishment
in service of an investigation, prosecution or trial or in other special cases
shall be done only on the order of the competent agency.
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.
Article
21.- The Director of the re-education establishment shall periodically
evaluate the educational results and progress of inmates. For the inmates who
have finished half of their re-education terms and made marked progress or had
meritorious deeds, the Director shall make a dossier proposing the Minister of
the Interior to consider and decide the reduction of their re-education terms.
Article
22.-
1. The
inmate having completed his/her re-education term shall be granted a
certificate on the completion of the re-education term by the Director of 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.
Chapter IV
REGIME TOWARDS THE
INMATES
Article
23.-
1. The
inmates must participate in labor, education and collective activities under
the management and supervision of the re-education establishments. The inmates
are arranged to live in collective rooms with beds (or floorboards), mats and
mosquito-nets. The sleeping area for each inmate is not less than 2.5 m2. Male
and female inmates shall live separately.
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.
Article
24.-
1. Every
year, each inmate shall be provided with 2 sets of clothes, 2 sets of
underwear, 2 face towels, one pair of sandals, one toothbrush, one raincoat and
one hat. Every quarter, he/she shall be provided with one toothpaste and 0.6 kg
of soap. Every three years, he/she shall be provided with one blanket and one
mosquito-net. With regard to northern cold areas, each inmate shall be given additionally
one coat and one cotton blanket to be used for three years.
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Article
25.-
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.
Article
26.- The inmates are entitled to enjoy sport and cultural activities, read
newspapers, listen to the radio and watch television in accordance with the
provisions of the Ministry of the Interior.
Article
27.- During their stay in re-education establishments, the inmates are
given medical checkups every six months.
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.
Article
29.-
1. The
inmates shall work for 8 hours a day and be entitled to enjoy holidays on
Sundays, festive days and new year holidays under the provisions of law. In
case of an urgent work, the Director may request them to work overtime but for
not more than 2 hours a day and the inmates shall be given time off later.
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.
Article
30.-
1. The
inmates must fulfill the labor quotas set for them. The fruits of their labor
shall be uniformly managed by the re-education establishment and, after being
deducted for reasonable expenses, shall be used to partly cover the
expenditures on meals, medicare, rewards and commendation for cardres and
combatants of the establishment, who have obtained achievements in organizing
and managing production activities, rewards for inmates who have recorded
achievements in labor and study; supplement to the welfare fund of the
establishment and remittance to the State budget for re-investment in the
production expansion and capital construction of the establishment.
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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Article
31.- With regard to the jobs that, as prescribed by law, require labor
safety devices, the re-education establishment shall have to provide the
inmates with labor safety devices and clothes suited to the jobs. The inmates
working on night shifts, working overtime at unexpected request or under the
hazardous or hard conditions shall be entitled to allowances in kind or in
cash.
Article
32.-
1. The
inmates are entitled to anti-illiteracy classes twice a week and each time
lasts for 4 hours. Basing him/herself on the practical conditions of the
establishment, the Director may arrange a study timetable for other persons in
the establishment.
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.
Article
33.-
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.
Article
34.- Those inmates who strictly abide by the rules and regulations of the
re-education establishment, actively study and labor, over-fulfill their set quotas
or record outstanding progress shall be rewarded or commended by the Director
of the re-education establishment in one of the following forms: commendation,
reward in cash or in kind, having the duration and time of meeting relatives
increased or being proposed to have their re-education terms at the
establishment shortened as prescribed in Article 72 of the Ordinance on the
Handling of Administrative Violations.
Article
35.- Those inmates who violate the rules and regulations of the
re-education establishment, who are lazy in labor and study, who do not
voluntarily amend their mistakes, or who often fail to achieve the set labor
quota shall, depending on the nature and seriousness of their violations, be
disciplined by the Director of the re-education establishment in one of the
following forms: Warning, having the duration of his/her meeting with relatives
and receiving gifts reduced and being put into the disciplinary room for 7 to
10 days, separated from others. If the violation is serious enough for being
examined for penal liability, the competent agency is required to make a
dossier for prosecution before law. In cases where the violation is not to the
extent of being examined for penal liability but the violator has been
re-educated and disciplined for many times and has not rectified him/herself
even by the time his/her re-education term has ended, still needs to be subject
to the measure of consignment to the re-education establishment, the Director
of the re-education establishment shall make a dossier and submit it to the
President of the People’s Committee of the province where the re-education
establishment is located for consideration and decision to consign that person
to the re-education establishment in accordance with Articles 7 and 8 of this
Regulation. The decision on consignment of a person to the re-education
establishment in this case must be sent to the provincial People’s Committee
that earlier consigned such person to the re-education establishment so that it
may report to the Ministry of the Interior.
Article
36.- The inmates have the right to lodge complaints and denunciations
against acts of law breaking as prescribed in the Ordinance on the Handling of
Administrative Violations and other provisions of law.
Chapter V
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.
Article
38.- The Ministry of Finance shall have to provide funds for re-education
establishments in accordance with the approved annual budget estimates of the
Ministry of the Interior.
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Article
40.- The Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Education and Training shall have to coordinate with the Ministry
of the Interior in the work of general education and job training as well as in
implementing social insurance regimes for persons consigned to re-education
establishments in accordance with the provisions of law.
Article
41.- The People’s Committees of the provinces and cities directly under the
Central Government shall have to allot land and create favorable conditions for
re-education establishments in their respective localities; and assist the
persons who have completed their terms in the re-education establishments to
find jobs and integrate into the community life.
Article
42.- The Ministry of the Interior, 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 have to provide detailed guidances for the
implementation of this Regulation.