In Vietnam, are foreign inmates held separately?

Nội dung chính

• In Vietnam, are foreign inmates incarcerated separately?
• What are regulations on labor regime of inmates in Vietnam? 

In Vietnam, are foreign inmates incarcerated separately?

Pursuant to Clause 2, Article 30 of the Law on Execution of Criminal Judgments in 2019 stipulating incarceration of inmates in Vietnam as follows:

1. A prison shall organize inmate incarceration as follows:

a) Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism;

b) Prison sectors for inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years’ imprisonment which have been reduced to under 15 years for good rehabilitation records; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;

c) Disciplinary cells for inmates who are disciplined.

2. In prison sectors referred to in Clause 1 of this Article, the following inmates shall be held separately:

a) Female inmates;

b) Inmates under 18 years of age;

c) Foreign inmates;

d) Inmates with infectious diseases category A as prescribed in the Law on Prevention and Treatment of Infectious Diseases;

dd) Inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity pending a court decision;

e) Inmates with children under 36 months of age residing with their mothers in prison;

g) Inmates who repeatedly violate detention internal regulations.

As regulations above, your foreigner friend is incarcerated separately for committing violation against the Criminal Code in Vietnam.

What are regulations on labor regime of inmates in Vietnam? 

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.

Best regards!