Is it permissible for illiterate inmates to learn in prison in Vietnam?

Is it permissible for illiterate inmates to learn in prison in Vietnam?

Pursuant to Article 31 of the Law on Execution of Criminal Judgments in 2019 stipulating regime for learning and vocational training of inmates in Vietnam as follows:

1. Inmates are entitled to learn law and civil education and learn literacy skills and jobs. Illiterate inmates are entitled to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and vocational training shall be held one day per week, except for Sunday and holidays as per the law.

2. Based on management and education requirements and length of imprisonment of inmates, prisons, detention centers shall provide teaching for inmates; according to actual conditions, criminal judgment execution agencies of district-level police offices shall provide teaching for inmates.

3. Learning and vocational training programs for inmates shall be regulated by the Government.

As regulations above, your brother will be entitled to learn how to read and write in the prison.

In Vietnam: Is it permissible to reduce the duration of serving prison sentences multiple times in a year?

Pursuant to Article 38 of the Law on Execution of Criminal Judgments in 2019 stipulating procedures for reduction of the duration of serving prison sentence in Vietnam as follows:

1. Competent agencies specified at Points a and b, Clause 1, Article 31 of this Law may request reduction of the duration of serving prison sentences.

2. Agencies competent to request reduction of the duration of serving prison sentences shall compile dossiers and send them to provincial-level People's Courts and military courts of military zones in which the inmates concerned are serving their sentences for consideration and decision, and a dossier to the same-level procuracies. A request dossier comprises:

a) A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;

b) A written request of the competent agency for the reduction;

c) Quarterly, biannual and annual assessment grades of the serving of the prison sentence; commendation decision(s) or certificate(s) of the inmate's merits issued by competent agency(ies);

d) The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a fatal disease or a document showing that inmate is a decrepit old person;

dd) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction;

e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.

3. Within 15 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of province or the chief judge of military court of the military zone in which the inmate is serving his/her sentence shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

4. Within 3 working days after issuing a decision to reduce the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.

5. The consideration for reduction of the duration of serving prison sentences shall be carried out 3 times a year. A sentenced person may only be considered for reduction of the duration of serving prison sentence once a year. After the sentenced person is granted the reduction of duration of serving the prison sentence, if there are special grounds showing that he/she deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease. He/she may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.

As regulations above, if your brother serves well in the prison, he may only be considered for reduction of the duration of serving prison sentence once a year. If there are special grounds showing that he deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease, he may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.

In Vietnam: Is it permissible for female inmates having babies to be exempt from labor regime?

Pursuant to Article 32 of the Law on Execution of Criminal Judgments in 2019 stipulating labor regime of inmates in Vietnam as follows:

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.

2. Female inmates shall be assigned jobs suitable to their gender; it is prohibited to assign them jobs on the list of jobs banned from employment of female laborers in accordance with labor law.

3. Inmates suffering a disease or physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the infirmary of their prison or detention center.

4. An inmate may take days off in any of the following cases:

a) The inmate is sick or is unfit for work and is certified by the infirmary;

b) The inmate has received treatment at a health facility;

c) The child under 36 months of age residing with that female inmate is sick and certified by the infirmary;

d) The pregnant female inmate takes days off before and after giving birth as prescribed in labor law.

As regulations above, female inmates having sick babies under 36 months of age and certified by the infirmary may be eligible to be exempt from labor regime.

Best regards!