Decree No. 09/2012/ND-CP dated February 17, 2012 of the Government providing the management of and regimes for persons in stay pending their exit under the Law on execution of criminal judgments

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------
No. 09/2012/ND-CP	Hanoi, February 17, 2012

DECREE

PROVIDING THE MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY PENDING THEIR EXIT UNDER THE LAW ON EXECUTION OF CRIMINAL JUDGMENTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 17, 2010 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of and regimes for persons who are subject to the expulsion sentence and foreigners who have completely served imprisonment sentences and are staying at accommodation establishments pending the completion of exit procedures (below collectively referred to as persons in stay).

Article 2. Subjects of application

This Decree applies to persons in stay; agencies, organizations and individuals related to the management of and assurance of regimes for persons in stay. In case a treaty to which the Socialist Republic of Vietnam is a contracting partly otherwise provides for, such treaty prevails.

Article 3. Implementation funding

Funds for building physical foundations, equipping means and implementing regimes for persons in stay shall be assured by the state budget and incorporated in the Ministry of Public Security's annual budget estimates.

Chapter II

MANAGEMENT OF AND REGIMES FOR PERSONS IN STAY

Article 4. Management of persons in stay

1. Persons in stay shall dwell at accommodation establishments and submit to the management and surveillance by these establishments.

2. The Minister of Public Security shall decide on the establishment, merger or dissolution and stipulate the functions, tasks, powers and organizational structure of accommodation establishments.

Article 5. Dwelling regime for persons in stay

1. A person in stay shall be arranged in a collective room according to his/her gender (male or female) with a toilet and a lying space of at least 3 m2 and be provided with a mat, blanket and mosquito net.