Bản dịch văn bản 32/CP
Decree 32/CP
Cơ quan ban hành: Chính phủ
Ngày ban hành: 1997-04-14

DECREE No DECREE No.32-CP OF APRIL 14, 1997 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. Article 3.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree. 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. Article 2.- Persons to be consigned to re-education establishments are those who commit offenses, infringing upon the properties of the State, economic organizations, social organizations and foreign organizations, as well as upon the properties, health, honor and dignity of citizens or foreigners and breaching social order and safety, frequently but not seriously enough for being examined for penal liability, and who, though being educated for many times by the local administration and people, have not mended their way. 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 Article 6.- 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. Within 30 days from the date of receiving the dossier, the Consulting Council shall have to meet for consideration and ratification of the dossier and make a report to the President of the provincial People�s Committee for decision. 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. 3. When receiving the decision on the admission of a person to a re-education establishment, the President of the district People�s Committee shall have to direct the police agency of the same level and the commune People�s Committee to work out a plan and concrete measures to coordinate with the provincial police agency in ensuring the enforcement of that decision. 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. Article 11.- If persons subject to the measure of consignment to re-education establishments, fail to voluntarily execute the decision, evade or oppose the decision, the police shall apply necessary preventive and coercive measures in accordance with the provisions of law to force them to execute the decision. 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. A re-education establishment may accommodate from 300 to 1000 inmates. 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. Article 17.- The planning and construction designs of the re-education establishments shall comply with the uniform regulations of the Ministry of the Interior, suited to the characteristics and requirements of the management of education and ensuring criteria on the fire prevention and fight and environmental hygiene. 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. The inmate having completed his/her re-education term shall be entitled to take back his/her money and objects deposited at the establishment (if any) and provided with travel allowances and a set of clothes (if he/she does not have any) to return to his/her place of residence; he/she shall have to return to the re-education establishment the tools and things borrowed from the establishment for their labor and daily life and pay compensation for any loss or damage. 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. 2. Every month a female inmate shall be given additionally a sum of money equivalent to 1.5 kg of rice. 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. Article 28.- 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. 3. Those inmates who have over-fulfilled their set quotas shall be entitled to use part of the excess in accordance with the provisions of the Ministry of the Interior. 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. An inmate who has made great efforts in his/her labor and study and who has strictly observed the establishment�s rules and the regulation on re-education establishments shall be allowed by the Director of the re-education establishment to meet his/her spouse for up to 48 hours and the spouse may stay overnight at the reception house of the re-education establishment. 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. Article 39.- The Ministry of Health shall have to coordinate with the Ministry of the Interior in guiding the disease prevention, examination and treatment for persons consigned to re-education establishments. 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. On behalf of the Government The Prime Minister VO VAN KIET