Pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law the criminal enforcement in 2010;
Considering the recommendation of the Minister of public security, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree governing inmate and diet, dress, in, cultural activities, sports, fitness, health care (referred to as mode) for the inmate; funding secured for the inmates and management regimes for the inmate.
Article 2. The object of this Decree apply apply to the inmate in the jail, inmate management subcamp in the detention camp, the prisoner served in the custody of the Ministry of public security, the Ministry of defence management; the Agency, the Organization related to the Organization of prisoner management and guarantee for the regime.
Article 3. Funding secured for the management and implementation of the inmates for inmate mode 1. Funding secured for the investment, building of infrastructure, equipment, shopping means serving the governing inmate and prepare for inmate due to the State budget.
2. Detention, detention, criminal enforcement agencies provincial public security, criminal enforcement agency-level public security, criminal enforcement agency granted the military districts are receiving the support of organizations and individuals in the country to support for investment in infrastructure and the implementation of the regime for the inmate.
Chapter II GOVERNING INMATE article 4. Correctional management organization 1. The Minister of public safety is responsible for management of the organizational, staffing and operation of prisons; decision on the establishment, dissolution, merger, prison, detention in prisons; construction of the projects, assemble the system security control of prisons of the Ministry of public security management.
2. The Minister of Defense is responsible for management of the organizational, staffing and operation of prisons; decision on the establishment, dissolution, merger, prison, detention in prisons; construction of the projects, installation of security control system of the Prisons Department of the Ministry of defence management.
Article 5. The scale of detention camp inmates detention 1. The scale of each prisoner detention facility of the Ministry of public security management from 2,000 to 5,000 inmates. A special case by the Minister of public safety decisions.
Each camp was established some compost facility, each prison management at most 1,000 inmates.
2. The scale at each prisoner detention facility of the Ministry of defence to manage at most 500 inmates.
Article 6. Management regime, imprisoned inmate 1. The prisoner shall be detained in the cell as a rule, when out of the cell must have a warrant of detention supervisor. Before the prisoner into the cell and after open cell for inmate out, officers, non-commissioned officers, soldiers assigned responsibility to list, check out an. Detention camp staff, officers do not have the quest and everyone else if not allowed by the prison warden was not in the area of cell, not been in contact with the prisoner.
Detention must be strictly protected and safe, have armed protection, patrols, guarded 24 hours a day. The cell must be built, certainly has enough light and ensure environmental hygiene.
2. Based on the number of inmates, criminal nature, level, age, gender, health, personal characteristics of human and professional requirements, correctional supervisor to decide the classification of the inmate to the organization management, deployment and detention guards, guard, led the tournament the inmate under the provisions of criminal law enforcement , This Decree and the regulations of the Minister of public security, the Minister of Defense.
Article 7. The profile was sentenced imprisonment to detention to obey the judgment 1. Profile put the convicted to imprisonment sentence enforcement places are fully secured as prescribed in clause 1 article 25 law enforcement criminal convictions.
2. the case of the convicted person according to the father, the mother in the prison, they must have a birth certificate. The case is not yet a birth certificate, they must have birth certificate by the health authority where the child was born or the text of the witnesses if children born outside health facilities; the absence of the above mentioned documents must be reported in writing by the detained person sentenced to imprisonment to detention to obey the judgment complained of paper attached to the father or mother of the child is real. Prison warden is responsible for making birth registration for children according to the father or mother in detention under the provisions of the law on registration, management.
Chapter III diet, DRESS, living, medical CARE for the PRISONER article 8. Diets for inmate 1. The prisoner was the State guarantee the quantitative standards per month: rice often boring 17kg; 0.7 kg of meat, 0.8 kg of fish; 0.5 kg of sugar average grades; 1 kg of salt; 15 kg of vegetables; 0.75 liter of sauce; 0.1 kg of foam powder; gas equivalent to 17 kg of firewood or 15 kg of coal.
Lunar New year day (including 1 day late and 3 lunar year), on new year's day (January 1), Hung Vuong anniversary (March 10, lunar calendar), the feast day: April 30, may 1, 2, 3, the inmate is eaten fivefold on food standards.
Inmate labor for heavy, toxic under the provisions of the law, can weight increased by 15% compared to quantitative criteria mentioned above.
Detention supervisor, oversaw detention camps, the head of criminal enforcement agency-level public security can decide to swap the aforesaid edible weight to suit the fact to secure the prisoner eat standard.
2. In addition to dining standards prescribed in clause 1 of this article, the prisoner was using his money, gifts to eat more but not be too quantitative three times in 1 month for each inmate.
3. The prisoner be guaranteed food, drink, hygiene and food safety.
Prohibiting inmate used wine, beer or other stimulants.
4. Each detention in prisons held one or some food. Support tools and norms of a collective kitchen for 100 convicts include: 1 the pantry has a mesh or glass cover, 3 pans, small, 1 pan to the pot to use in 5 years; the types of knives, chopping boards, pots to wash the bowl, the basket, the drain, bowls, chopsticks used in 12 years and the other necessary support tools serves the cooking, drinking water and food rations for the inmate.
Support tools for each alloy wheels of 6 inmates include nested tables, 01 01 Cress, Cress rice soup packaging packaging used in 3 years; 2 plates of food, 1 Bowl, scoop scoops dot bowls of rice soup, used in 12 years.
Support tools for private dining productivity by prisoner 1 includes 1 box of 3 specialized plastic pane contain rice dishes and 1 spoonful of rice to eat with plastic used in 2 years.
5. Diet, inmate's sick, sick by Superintendent jail decision as directed by the medical establishment.
6. female inmates during pregnancy, childbirth or nursing children under 36 months of age are guaranteed, standard food weights as directed by the surgeon or physician and increased quantities of meat, fish from 20% to 30% compared to the quantities specified in paragraph 1 of this article; be allocated the necessary supplies for the care of infants. Women inmates in prisons are granted 7 metres of cloth diapers to do often.
Article 9. In the mode of human 1. The detained suspect was made according to the provisions of article 27 of law enforcement and criminal provisions in this Decree.
2. The prisoner is in under the collective cell, except in the cases prescribed in points d, e and e clause 2 article 27 law enforcement criminal convictions. The seat is located a minimum of every inmate is 2 square meters (2 square meters), has a pedestal ceramic tiles, parquet or bed. For young inmates in the same seat layout is located a minimum of 3 square meters (3 m2), have pedestals ceramic tiles, parquet or bed.
3. The prisoner is in the cell under the allotted time and only be out of cell under detention rules or order of the Superintendent of detention camps, prisons, the head of criminal enforcement agencies police district level. Before and after the prisoner out, into the cell, officers and soldiers assigned responsibility to list, check out an.
4. Officers, soldiers, prison staff and who do not have the duty not to be in the detention area, are not exposed to unauthorized inmates of correctional supervisor.
Article 10. The mode of wearing and allocate investment page for inmate 1. Each year the prisoner be released 2 long clothes by fabric usually form, 2 sets of underwear, 2 face towels, 2 the projection, 2 sandals, hats or bores 01, 01 nylon rain coat; 3 toothbrush; 600 g toothpaste type. Each month the prisoner granted 0.3 kg of laundry soap, female inmates are granted more personal hygiene necessary worth the equivalent of 2 kg of rice boring. 4 years of inmate granted 7 touch screen, 1 blanket; for the inmate in the jail from Danang city turned into the fiber blanket is broadcast; from Thua Thien Hue province back out was not too cotton blanket 2 kg and 1 Sleeve used in 3 years.
2. Inmate Labor participation each year is played 2 sets of clothing labor protection and labor protection.
The form, the color of clothes and means of labor protection of the prisoner by the Minister of public security, the Minister of Defense regulations.
Article 11. Diet, wear and necessities for children under 36 months of age was the son of the prisoner in the same parents in detention 1. The diet of children under 36 months of age was the son of the prisoner in the same parents in detention were entitled to such diets for fathers and mothers; October 6, Mid-Autumn Festival enjoy folding diet 2 times normal. Based on the age of the child and the actual conditions, prison warden can swap diet weight to suit the nutritional needs of children with parents in prison.
2. mode of wear and necessities
Children under 36 months of age was the son of the prisoner in the same parents in the detention camp, are granted each year, 2 face towels, 2 kg of SOAP, 2 fabric clothes often, 1 curtain; with respect to the case in the prisons from Thua Thien Hue province came out to be warm clothes, 1st level 1 blanket fits ages (from Da Nang City back on level, fiber blankets from Thua Thien Hue province-level cotton blankets back out no more than 2 kg) used in 3 years.
3. Diet, dress, allocate necessities for children on 36-month-old son of the prisoner in the same parents in detention pending the procedure taken on the basis of social protection or waiting to send relatives foster is made according to the provisions in clause 1 and clause 2 of this Thing.
Article 12. Living mode for human 1. Living mode for the prisoner to be taken according to the provisions of article 44 of law enforcement and criminal provisions in this Decree.
2. Each subcamp in prisons, inmates housed in prisons are equipped with 1 speaker system, radio cable system internally; each collective cell under 30 convicts be fitted 1 radio color tv 21 inch size; over 30 inmates from the cell was equipped with 1 air television color screen size from 32 inches; 30 January was prisoner of the people newspaper.
3. time fitness activities, sports, cultural activities, the arts, reading books, newspapers, listening to radio, watching television of the inmate is made according to the regulations of the Minister of public security, the Minister of Defense.
Article 13. Health care regimen for inmate 1. The mode of medical care for inmates is done according to the provisions of article 48 of law enforcement and criminal provisions in this Decree.
2. Diet, medications, fostered by specified healing basis according to the pathology and under heavy, light levels of the disease. Money medicines usually daily for the prisoner to be granted the equivalent of 2 kg of rice/01/01.
3. HIV/AIDS-infected inmates receive care, treatment under current law.
Article 14. The mode for the prisoner as a minor 1. Convicts are minors enjoy the mode as specified in section 3 of chapter III courts enforced Laws and other regulations not contrary to the provisions of this Article.
2. Place is located a minimum of every inmate is a minor is 18 square meters (3 m2), have parquet or bed.
3. The prisoner is juveniles must perform compulsory primary school, secondary school; must learn the culture on all days of the week, excluding Sundays, holidays, lunar new year; each day a session, each four-hour sessions (4 h); bioethics education, basic living skills; is the popular, policy, law, civic education according to the program, by Ministry of public security, the Ministry of defence, in coordination with the Ministry of education and training, the Ministry of Justice compiled; advice, psychological support, education, support the legal procedures needed to have favorable conditions for reintegration in the community, become useful to society.
4. Convicts are minors are priorities arranged an apprenticeship, advanced vocational expectations consistent with age, education, gender, health, conditions of detention.
5. In addition to standard wear and belongings as the prisoner, inmate per year as juveniles are more level 1 long suits, hard hats, cloth hats 01 01; with regard to the prisons from Thua Thien Hue province came out, each year, the prisoner is minors are granted more 1 Sleeve 2 socks and wool hat 1st. Each inmate is minors are granted more Shampoo 200 ml water bottle-01 standard.
With regard to the prisons from back in Da Nang City, the prisoner is minors granted blanket yarn used in the 1st 2 years. With regard to the prisons from Thua Thien Hue province back out, the prisoner is minors granted 01 cotton blanket not so 2 kg, shellfish used in 2 years.
6. time cultural, art and entertainment of the inmate's juveniles are increased twice in comparison with the prisoner who is underage.
Article 15. Diet, dress, activities, medical care for the inmates are foreigners foreign inmates are held in the private management of prisons. The mode of eating, wearing, in, living, medical care for inmates is the alien shall be as prescribed for inmate was the Vietnam, unless international treaties to which Vietnam is a member otherwise.
Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effective enforcement of this Decree has effect from the date of Feb. 15, 2012 and replacing Decree No. 113/2008/ND-CP on January 28, 2008 the Government enacted regulations of prisons.
Article 17. Responsibility 1. The Minister of public security, the Minister of defence, in coordination with the ministries concerned, inspection instructions, urging the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
