Laws of Vietnam

No: 118/2010/ND-CP

Ha Noi, day 29 month 12 year 2010                          

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREES PRESCRIBING THE APPLICATION OF THE MEASURE OF CONSIGNMENT TO EDUCATION CAMP OR REFORMATORY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the 2002 Ordinance on Handling of Administrative Violations, amended and supplemented under Ordinance No. 04/2008/UBTVQH12 of April 2, 2008;
At the proposal of the Minister of Public Security,

DECREES:

Article 1. To amend and supplement a number of articles of Decree No. 76/2003/ND-CP of June 27, 2003, prescribing and guiding in detail the application of the measure of consignment to educational camp

1. Article 22 is amended and supplemented as follows:

"Article 22. Transfer of inmates

To suit the inmate management scales of education camps or professional requirements, the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance may issue decisions to transfer inmates from an education camp to another under regulations of the Ministry of Public Security."

2. Clause 3, Article 25 is amended and supplemented as follows:

"3. The General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance may decide on the reduction of consignment periods, postponement of or exemption from the serving of consignment decisions under Clauses 1 and 2 of this Article at the proposal of directors of education camps. Such a decision must be sent to the chairperson of the provincial-level People's Committee which has issued a decision to consign the person concerned to an education camp and the commune-level People's Committee of the place in which such person resides."

3. Clause 1, Article 26 is amended and supplemented as follows:

"1. When an inmate in an education camp has completely served his/her consignment period, the director of the education camp shall issue a certificate to such person and send a copy thereof to the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance, the chairperson of the provincial-level People's Committee which has issued a decision to consign that person to the education camp and the commune-level People's Committee of the place in which such person resides.

In case such person has completely served his/her consignment period but shows no progress, the director of the education camp shall make a separate written assessment proposing measures for further managing and educating such person and send it to the district-level police office and the commune-level People's Committee of the place in which such person resides.

Within five days after returning to his/her locality, the person who has completely served his/her period of consignment to education camp shall present himself/herself to the police office of the commune, ward or township in which he/ she resides."

Article 2. To amend and supplement a number of articles of Decree No. 125/2008/ND-CP of December 11, 2008, amending and supplementing Decree No. 76/2003/ND-CP of June 27, 2003, prescribing and guiding in detail the application of the measure of consignment to educational camp

1. Clause 12, Article 1 is amended and supplemented as follows:

"Article 28. Food and clothing regimes

1. Each year, an inmate shall be provided with 2 sets of clothes, 2 sets of underwear, 2 towels, 1 pair of slippers, 2 toothbrushes, 2 mats, 1 raincoat and 1 hat; each quarter, a 150 g toothpaste tube and 0.6 kg of soap; every two years, 1 blanket and 1 mosquito net; in Thua Thien Hue province and northward, an addition of 1 warm coat and 1 cotton blanket weighing 2 kg at most for use in two years.

Female inmates shall be provided with monthly personal hygiene money equivalent to 2 kg of ordinary rice, calculated at local market prices.

2. The monthly food ration for an inmate is as follows: 17 kg of ordinary rice, 1.5 kg of meat or fish, 0.5 kg of ordinary sugar, 1 kg of salt, 100g of seasoning, 1 liter offish sauce, 15 kg of vegetables, 15 kg of firewood or equivalent for fuel. On public holidays and solar New Year day, their daily food ration may be trebled at most; and on lunar New Year days, they shall be given additional food not more than 5 times the daily ration. For persons doing heavy jobs or working in hazardous environment, their monthly food ration may increase 15% over the above ration. Food rations shall be calculated at local market prices.

3. The food and rest regimes for sick inmates shall be decided by directors of their education camps on clinic prescription."

2. Point 2, Clause 14, Article 1 is amended and supplemented as follows:

"2. Depending on specific conditions of their education camps, directors of education camps shall organize periodical medical checks and take preventive measures for inmates. Monthly money for medical examination and treatment and medicines per inmate is equivalent to 2 kg of ordinary rice at local market prices.

When an inmate gets sick, based on physician's prescription, the director of the education camp may consider allowing him/her to stop working or learning or work for fewer hours; when necessary, such person may receive treatment at the camp's dispensary or a hospital; when an inmate is seriously ill and needs family-based treatment, the director of the education camp shall report it to the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance for issuing a decision on the postponement of the serving of the consignment decision under Article 25 of this Decree.

When an inmate is injured in a labor accident, disaster or fire, the director of the education camp shall carry out procedures for him/her to receive an allowance according to regulations.

When an inmate shows signs of mental disease, the director of the education camp shall send a report thereon to the central mental disease hospital in the region and appoint an officer to take the inmate to the hospital for mental assessment. Such hospital shall conduct mental assessment for the inmate and issue a written conclusion thereon to the director of the education camp for settlement according to law."

Article 3. To amend and supplement a number of articles of the Government's Decree No. 142/2003/ND-CP of November 24, 2003, prescribing the application of the administrative measure of consignment to reformatory

1. Clause 2, Article 38 is amended and supplemented as follows:

"2. Within five days after receiving a reduction or exemption proposal of the reformatory principal, the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance shall consider and issue a decision to reduce the consignment period or exempt from the serving of the remaining period under Clause 1 of this Article. Such decision shall be sent to the chairperson of the district-level People's Committee that has issued the consignment decision, the commune-level People's Committee that has compiled the dossier and the student concerned."

2. Clause 2, Article 39 is amended and supplemented as follows:

"2. When a student in a reformatory has completely served his/her consignment period, the reformatory principal shall issue a certificate to such person and send a copy thereof to the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance, the chairperson of the district-level People's Committee that has issued the consignment decision, the commune-level People's Committee of the place in which such person resides and to his/her parents or guardian.

In case such person has completely served his/her consignment period but shows no progress, the reformatory principal shall make a separate written assessment proposing measures for further managing and educating such person, and send it to the commune-level People's Committee of the place in which such person resides and the district-level police office that has compiled the dossier of proposal to consign such person to reformatory."

Article 4. To amend and supplement a number of articles of the Government's Decree No. 66/2009/ND-CP of August 1, 2009, amending and supplementing a number of articles of Government's Decree No. 142/2003/ ND-CP of November 24, 2003, prescribing the application of the administrative measure of consignment to reformatory

1. Point 3, Clause 14, Article 1 is amended and supplemented as follows:

"3. Each reformatory may manage between 500 and 1,500 students. Depending on the specific situation and conditions, the Minister of Public Security may decide on the scale of each reformatory and reformatory construction sites. A reformatory with more than 1,000 students may establish branches under regulations of the Ministry of Public Security.

If the number of students exceeds the scale of the reformatory or for a plausible reason, students have to be transferred from one reformatory to another, the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance shall issue transfer decisions under regulations of the Ministry of Public Security. Such a decision must be sent to the district-level People's Committee which has issued the consignment decision, the commune-level People's Committee of the place in which the student resides and to his/her parents or guardian."

2. Points 2, 3 and 4, Clause 21, Article 1 are amended and supplemented as follows:

"2. A sick student may be treated at the reformatory's clinic. An inmate suffering a serious illness beyond the treatment capacity of the reformatory's clinic may be referred to a hospital for treatment; if his/her family makes a letter of guarantee to receive him/her for home-based treatment, the reformatory principal shall report and propose the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance to issue a decision to suspend the serving of the consignment decision.

Within five days after receiving the proposal of the reformatory principal, the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance shall consider and issue a decision to suspend the serving of the consignment decision.

For students who are allowed to receive treatment at their homes, their families shall pay all medical examination and treatment expenses for them.

3. When a seriously sick student is hospitalized for a long time, within seven days after taking him/her to a hospital, the reformatory principal shall report it to the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance. Medical examination and treatment expenses for students shall be covered by the state budget. Reformatories shall directly pay such expenses to treating hospitals. During students' hospitalization, their reformatory shall take care of them and collaborate with their families, if any, in doing so; and they shall closely manage students, preventing them from escaping or committing law-breaking acts.

For a student showing signs of mental disease, the reformatory principal shall send a report thereon to the central mental disease hospital in the region and concurrently appoint an officer to take that student to the hospital for mental assessment. Such hospital shall conduct mental assessment for the student at the request of the reformatory principal and issue a written conclusion thereon to the reformatory principal for carrying out procedures according to law.

The time of medical treatment under Clauses 2 and 3 of this Article may be counted in the time of sewing the consignment decision, with a day of treatment equal to a day of serving the consignment decision. If. after he/she recovers, the remaining time of serving the consignment decision is six or more months, the student shall continue serving such decision at the reformatory. If the remaining time is under six months, the reformatory principal shall report it to the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance for consideration and issuance of a decision to exempt such student from serving the remaining period of consignment.

4. Students suffering serious diseases and pregnant students shall be exempted from serving the remaining period of consignment. Within five days after receiving a request for exemption from serving the remaining period of consignment, the reformatory principal and the General Director of the General Department of Police for Enforcement of Criminal Sentences and Judicial Assistance shall consider and issue an exemption decision for such student."

Article 5. Effect

This Decree takes effect on February 15, 2011.

Article 6. Implementation responsibilities

1. The Minister of Public Security shall organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally-run cities shall implement this Decree.