Which regime do inmates working overtime receive in Vietnam?

Nội dung chính

• In Vietnam, which regime do inmates working overtime receive?
• At what age should a female prisoners child be sent to his/her relatives for rearing?
• Which unit will accept the children of female prisoners aged 36 months or older when there are no relatives receive to rear such child?

In Vietnam, which regime do inmates working overtime receive?

Hello Lawnet, in addition to the 8-hour working time, the superintendent may ask inmates to work overtime. So which regime do inmates working overtime receive? 

Answer:

Pursuant to Clause 1, Article 32 of the Law on Execution of Criminal Judgment 2019 stipulating labor regime of inmates:

1. Inmates shall be assigned jobs fit for their age, health and in conformity with management, education and community integration requirements. They shall work under surveillance and management of the prisons or detention centers. The working time of inmates may not exceed 8 hours per day and 5 days per week. They may have days off on Sundays and holidays as per the law. In unexpected or seasonal cases, the superintendent may ask inmates to work overtime but not exceeding the statutory extra hours of work per day as prescribed in labor law. Inmates working overtime or on days off are entitled to receive compensatory time-off or allowances in cash or kind.

Prisons must adopt necessary measures to ensure occupational safety and hygiene for inmates.

Therefore, in addition to the 8-hour working time, Inmates working overtime are entitled to receive compensatory time-off or allowances in cash or kind.

At what age should a female prisoner's child be sent to his/her relatives for rearing?

At what age should a female prisoner's child be sent to his/her relatives for rearing?

Answer:

Pursuant to Clause 5, Article 51 of the Law on Execution of Criminal Judgment 2019:

5. When the child reaches 36 months of age, a female inmate shall send him/her to his/her relatives for rearing. If no relative receives to rear such child, the prison or detention center of the Ministry of Public Security, detention center of the Ministry of National Defense or the criminal judgment execution agency of provincial-level police department shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place where the inmate serves her sentence to designate a social protection establishment to receive and rear the child. Within 15 days after receiving such request, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social protection establishment to receive and rear the child. After completely serving her full prison sentence, the inmate is entitled to receive back her child from the social protection establishment.

As a result, when the child reaches 36 months of age, a female inmate shall send him/her to his/her relatives for rearing.

Which unit will accept the children of female prisoners aged 36 months or older when there are no relatives receive to rear such child?

Which unit will accept the children of female prisoners aged 36 months or older when there are no relatives receives to rear such child?

Answer:

Pursuant to Clause 5, Article 51 of the Law on Execution of Criminal Judgment 2019:

5. When the child reaches 36 months of age, a female inmate shall send him/her to his/her relatives for rearing. If no relative receives to rear such child, the prison or detention center of the Ministry of Public Security, detention center of the Ministry of National Defense or the criminal judgment execution agency of provincial-level police department shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place where the inmate serves her sentence to designate a social protection establishment to receive and rear the child. Within 15 days after receiving such request, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social protection establishment to receive and rear the child. After completely serving her full prison sentence, the inmate is entitled to receive back her child from the social protection establishment.

Thus, pursuant to applicable laws, a social protection establishments will be designated to receive and rear the child of female prisoner.

Best Regards!