The Government has issued Decree No. 09/2023/ND-CP detailing the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly on piloting the model of organizing labor activities, guiding career and vocational training for prisoners outside prison.

The decree regulates the following contents: Criteria for selecting prisons for pilot implementation; Criteria for selecting organizations to cooperate with prisons to carry out labor, career guidance and vocational training activities for prisoners outside prisons; the order and procedures for establishing, appraising, and approving the organization of labor, career guidance, and vocational training activities and establishing labor, career guidance, and vocational training areas for prisoners outside prison; Methods and criteria for selecting prisoners for labor, career guidance, and vocational training outside prison...

Subjects of the model include: Criminal judgment execution management agencies under the Ministry of Public Security, pilot prisons under the Ministry of Public Security; officers and soldiers of the criminal judgment execution management agencies under the Ministry of Public Security and pilot prisons; The Provincial People's Procuracy in the provinces where host the prisons that will carry out the pilot implementation; District and commune-level People's Committees where there are labor, career guidance and vocational training areas for prisoners outside prisons; the organizations that cooperate with prisons; Prisoners at prisons under the Ministry of Public Security that pilot the model; other relevant agencies and organizations.

According to the Decree, pilot prisons must ensure security and safety when organizing the pilot implementation.

In addition, the Decree stipulates how to select prisoners, who must have a clear place of residence, who strictly comply with the internal regulations of the detention, who are conscious of reform progress; For prisoners with a sentence of over 15 years, life imprisonment, they must be a first-time offense, the term of imprisonment has been reduced and the remaining sentence period is 7 years or less, with at least 12 latest months graded "Fair" or "Good."

For prisoners with sentences of 15 years or less, they must be first-time offenders and must meet the following conditions: Prisoners with sentences of over 7-15 years must serve 1/3 of the sentence, with the remaining sentence of 7 years or less, have had the term of imprisonment reduced, have at least 9 latest months graded "Fair" or "Good;" Prisoners with sentences ranging from over 3 years to 7 years have at least 6 months prior to the time of review being graded "Fair" or "Good;" Prisoners with sentences of 3 years or less have at least 3 months prior to the time of review rated "Fair" or "Good."

For prisoners with a history of drug addiction must be carefully and closely considered, only selecting prisoners who no longer show signs of drug dependence to be sent to labor, career guidance, and vocational training areas outside the prison.

Regarding regimes and policies for prisoners participating in the working, vocational guidance, and vocational training outside prison, the Decree clearly states that they are guaranteed rights, obligations, and remuneration according to the provisions of the Law on Execution of Criminal Judgments and documents detailing implementation instructions.

At least one month before the prisoner completes his prison sentence or before the execution of the amnesty decision or conditional release decision, the prisoner is sent back to the prison for preparation of reintegration into the community according to regulations.

In case a prisoner commits a violation of the law, violates the internal regulations of the prisoner detention facility, violates the internal regulations on ensuring labor safety and hygiene, disease prevention, fire and explosion prevention and control to the extent that they are disciplined, they will be sent to prison to be handled according to regulations.

Decree 09/2023/ND-CP takes effect from March 13, 2023 until Resolution No. 54/2022/QH15 expires.

Hai Van