Quyền của người bị kết án phạt tù ở việt nam tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES LÊ MINH CHUẨN RIGHT OF PRISONS IN VIETNAM Major: Criminal law and criminal proceedings Code: 9.38.01.04 SUMMARY OF THE LAW THESIS HANOI, 2019 The work was completed at VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES Scientific instructors: Dr Đinh Thị Mai Assoc Prof.Dr Nghiêm Xuân Minh Reviewer 1: Assoc.Prof Dr Trần Đình Nhã Reviewer 2: Dr Phạm Minh Tuyên Reviewer 3: Dr Trần Công Phàn The dissertation will be defended before the thesis review council of the Academy at the Graduate Academy of Social Sciences at minute, day month year The thesis can be found at: - National Library of Vietnam - Library of Graduate Academy of Social Sciences hour LIST OF SCIENTIFIC WORKS Le Minh Chuan (2016), People's Police Intermediate School VI enhanced the effectiveness of implementing the coordination regulations on security and order in Van Giang district, Hung Yen province, Journal of Science and Education Security No 03/2016 Le Minh Chuan (2016), New regulations on investigators and investigators in the law on organization of criminal investigation agencies, People's Police Review, term 2, No 6/2016 Le Minh Chuan (2017), Criminal Enforcement Law - an important legal basis to ensure the implementation of human rights for people serving imprisonment sentences, Journal of Science Crime Education Management 28/2017 Le Minh Chuan (2016), A number of comments on improving the law on ensuring human rights of imprisonment debtors, People's Police Review, term 2/2018 Le Minh Chuan (2018), Ensuring the human rights of people serving imprisonment sentences in the execution of criminal sentences with a number of countries around the world, Journal of Social & Security No 10/2018 Le Minh Chuan (2019), Practical implementation of the provisions of the law on prison release ahead of time with conditions, Journal of Human Resources Social Sciences Thematic No - PREAMBLE The urgency of the thesis topic In current social practice, the issue of human rights is seen as a prominent issue, linking many activities and social relations together Although this issue was not new, 62 years ago, on December 10, 1948, the United Nations General Assembly unanimously approved an important document, the Universal Declaration of Human Rights (UDHR) The Universal Declaration of HR provides the basis for building a system of international principles and standards on human rights This is the first legal agreement on HR to be jointly developed by countries, recognizing the commitment to protect and improve the dignity, rights and fundamental freedoms of people That is the right to live in peace, freedom and equality; civil and political rights; economic, social and cultural rights of individuals; the rights of women and children The Declaration affirms that HR belongs to everyone, recognized and implemented by everyone, is the common goal of the whole mankind Thus, it can be said that human rights or HR are human's natural rights and are not deprived by anyone and any political regime All human beings are born equal and are endowed with their Creator with certain inalienable rights, such as the right to live, to be free, and to pursuit happiness In the process of international integration, along with the development of the country, the guidelines and policies of the Party and the State of Vietnam are to respect and ensure the HR, to take people as the goal and a driving force of the development and people are at the center of development In fact, the past years have also shown that Vietnam has achieved certain achievements in ensuring HR in many areas, especially in the cause of poverty reduction and the implementation of the UN Millennium Development Goals Protect HR is a process, it depends on various conditions such as economic, political, cultural - social and legal; in which the legal has the leading role, position and importance For that reason, stemming from the importance of ensuring HR, civil rights from the 1992 Constitution to the 2013 Constitution in social practice stipulate: “Everyone has the right to inviolability of the body, be protected by law on health, honor and dignity; not subject to torture, violence, coercion, corporal punishment or any other form of treatment that infringes upon the body, health, and offends honor and dignity; No one shall be arrested without a decision of the People's Court, a decision or approval of a Procuracy People, except for criminal cases The arrest and detention of persons are determined by law ”(Clauses and 2, Article 20 of the 2013 Constitution) And “Those who are illegally arrested, held in custody, detained, charged, investigated, prosecuted, adjudicated, judgment-enforced have the right to compensate for material and mental damage and honor restoration Those who violate the law in arresting, detaining, holding, prosecuting, investigating, prosecuting, adjudicating and enforcing judgments causing damage to others must be handled according to law "(Clause 5, Article 31 of the Constitution 2013) The above provisions of the Constitution are intended to prevent violations of the HR, the right to inviolability of the body, the right to the protection of dignity and honor of citizens from state agencies and officials The provisions of the Constitution also serve as the basis for the development of the Criminal Procedure Code in the protection of HR and civil rights In the current direction of judicial reform and perfecting the criminal procedure legal system in our country, protecting the legitimate rights and interests of participants in legal proceedings is one of the important contents In recent years, the application of deterrent measures in criminal proceedings, most noticeably, is the arrest, custody and detention of persons sentenced to imprisonment when the sentence takes legal effect is an issue that attracts the attention of many state agencies, social organizations and the general public In addition to ensuring HR and civil rights in legal proceedings, the issue of ensuring the rights of convicts serving imprisonment is also an essential requirement in the current judicial reform process The rights of convicted people who are serving a prison sentence are the rights that they can have during the period of serving the prison sentenced by the state and the sentence has taken legal effect Therefore, it is possible to point out that the following people have state-guaranteed rights and obligations: the ones who are serving a prison sentence; suspended sentence is serving the sentence; persons sentenced to imprisonment who are entitled to a prison term prior to the conditional term are serving their sentences in the locality; those who have the state's policy on postponing sentence serving in prisons In the current period, our country is implementing the process of economic integration and development with other countries in the region and around the world Besides the opportunities and advantages, it also reveals many risks and challenges, arising many complex and negative issues that affect the security and order situation Along with that, the hostile, reactionary and opposition forces have continuously increased their anti-sabotage activities and implemented "peaceful evolutions", brought many materials with reactionary content, distorting the Party's lines and policies, the laws of the state, slandering Vietnam for not respecting "democracy, human rights", even some groups international human rights organizations lack goodwill with Vietnam regularly issue notices and annual reports to slander Vietnam on arbitrary detention, failing to ensure the HR of persons held in custody, detention and women serving their sentences imprisonment, especially the right to meet relatives, meet lawyers, defense counsels, medical care Following the Politburo's Resolution No 49-NQ/TW of June 2, 2005, on the Judicial Reform Strategy to 2020, the competent State agencies have been seriously implementing the provisions of laws, ensure good rights and legitimate interests of people sentenced to imprisonment They are guaranteed safety for life, physical health and morale, respected with honor, dignity, learning, receiving beneficial information, being able to operate in accordance with the laws and international conventions that Vietnam has signed The results of assuring the rights of the people sentenced to imprisonment are presented at The 2013 Constitution, the Criminal Code 2015 (amended and supplemented in 2017) (hereinafter referred to as the Criminal Code 2015), the CrPC 2015, the Law on Criminal Procedure 2010 and the Law on Enforcement of Detention, Detention and Most recently at the 7th session, the XIV National Assembly passed the Law on Civil Procedure (amended) Accordingly, in the management and education of PN has been recognized and highly appreciated by many international organizations for ensuring the HR of detainees in prisons in Vietnam However, besides the achieved results, the reality of organizing the implementation of the rights of the people sentenced to imprisonment, Vietnam is still facing many difficulties and inadequacies The situation of people sentenced to imprisonment is increasing while the assurance, protection and management of the people sentenced to imprisonment in localities still face many difficulties, people sentenced to imprisonment increasing the prison system of Ministry of Public Security is overloaded, facilities in many prisons are degraded, in addition to facilities, how well the physical conditions, such as diet, clothing, apprenticeship, labor, etc Moreover, when it comes to the people sentenced to imprisonment, society often has the psychology of alienation, discrimination and taking punitive action for them as natural Therefore, the need for necessity perfecting the people sentenced to imprisonment 's right is very necessary to clarify the theoretical basis, legal provisions on the rights of the people sentenced to imprisonment in Vietnam, the status of organizing the implementation of the people sentenced to imprisonment 's rights so that there are recommendations to complete the legal provisions on the rights of the people sentenced to imprisonment and solutions to improve the effectiveness of the implementation of the rights to the people sentenced to imprisonment In this situation, the selection of research topic: "The rights of people sentenced to imprisonment in Vietnam" as the thesis topic is necessary and significance, aiming to better ensure the rights of people sentenced to imprisonment in Vietnam Research purposes and tasks of the topic 2.1 Research purposes Researching the theoretical basis and assessing the reality of the rights of sentenced persons in organizations implementing the rights of persons sentenced to imprisonment in Vietnam today, on that basis, the researcher offers solutions In order to contribute to improving the quality of effectiveness in organizing the implementation of the rights of sentenced persons in prisons and detention camps of the Ministry of Public Security, at the same time clarifying the scientific basis for further research continuous improvement of criminal judgment enforcement law in general and enforcement of imprisonment sentences in particular 2.2 Research tasks In order to achieve this goal, the thesis will implement and solve the following basic tasks: - Summarizing the situation of research, domestic and foreign research works related to human rights in general and the rights of people sentenced to imprisonment in Vietnam in particular, from which to draw the issues needed must continue research and clarification in the thesis - Study theoretical issues about the rights of people sentenced to imprisonment in Vietnam - Conducting a survey, assessing the status of the rights of imprisoned convicts who are serving imprisonment penalties in the Ministry of Public Security's prisons and the status of organizing the implementation of the rights of sentenced persons in Vietnam last time; analysis clarifies the achievements and limitations, shortcomings as well as the causes of such limitations and shortcomings - Forecasting the situation of factors affecting the organization of the rights of sentenced persons, thereby finding inadequacies, limiting the reasons, and proposing solutions to improve Law enforcement of criminal sentences, thereby contributing to improving the quality of effective implementation of the rights of people sentenced to imprisonment in Vietnam in the coming time Subjects and research violations 3.1 Research subjects Legal issues of rights and practice to implement the rights of people sentenced to imprisonment in Vietnam The thesis approaching the object of research is the right of the sentenced person whose sentence has legal effect, currently serving sentence in prison, detention camp 3.2 Scope of research content - Study the rights of imprisoned convicts, Being serving a sentence at detention facilities (prisons, detention camps, custody houses), including basic rights to study, vocational training, information, labor rights and benefits from labor; rights to eat, stay, wear, collective activities, the right to be considered for reduction, postponement, exemption of penalties and other rights under the Law on criminal judgment enforcement related to prisoners - Regarding the study area: The dissertation investigates the rights of convicted persons and implements the rights of convicted persons in prisons and detention camps under the Ministry of Public Security - About research time: Time from 2010 to 2018 Methodology and research methods 4.1 Methodology The thesis is studied on the basis of using dialectical materialism method of Marxism-Leninism, Ho Chi Minh's thought, and our Party and State's guidelines, views and views on wealth Judicial ways in the field of students and Criminals about HRs in general and the rights of people sentenced to imprisonment in particular Stemming from the research object of the dissertation topic and on the basis of the thesis's approach is to approach the theoretical system of HRs, the rights of sentenced persons and access from the perspective of procedural law Criminal and Criminal Enforcement Law In the implementation of the law on the rights of imprisoned convicts, the sentence has come into effect, currently serving imprisonment penalties not only protect and guarantee the rights of persons sentenced to imprisonment on the legal aspect that the rights of persons sentenced to imprisonment have been acknowledged, respected, guaranteed and facilitated in practice Specifically, the punishments are studied based on theories such as persecution theory, the doctrine of favor and the regime, criminal policies and humanitarian policies of our Party and State This thesis is carried out on the basis of the theory of favor The content of this doctrine considers imprisonment conviction a social safeguard measure, the application of this measure is derived from the need to preserve social order, the purpose is to prevent people from being sentencing imprisonment and others not guilty of any wrongdoing and if deciding who is sentenced to imprisonment is enforced, it will achieve social justice 4.2 Specific research methods In the process of implementing the thesis, the thesis also uses specific research methods such as: Methods of synthesis, analysis, comparison, expert reference, practical review, typical investigation methods, methods Legal research materials that achieved theoretical achievements and logical reasoning methods For each chapter, the following method can be stated: Chapter of the thesis: Essential The author mainly uses the method of synthesis, analysis, comparison and evaluation Chapter mainly uses the method of synthesis, analysis, systematic methods Chapter uses synthesis, analysis, systematic methods, comparisons, statistical methods, case studies, practical surveys, experts Chapter uses expert methods, synthesizing, analyzing and evaluating to propose proposals for optimal solutions to ensure the organization of the execution of the rights of imprisonment executors in criminal judgment execution in Vietnam New points of the thesis This is a monograph at the level of doctoral thesis on HRs in general, and the rights of people sentenced to imprisonment in the case of THS in our country in particular The research works on theoretical issues about the rights of convicted persons and in the organization of exercising the rights of sentenced persons, analysis and assessment of the situation of organizing the implementation of the rights of convicted persons imprisoned in CSE in Vietnam, and proposed some scientific solutions to contribute to strengthening the protection, protection and respect of the rights of persons sentenced to imprisonment in Vietnam in Vietnam The topic is a modest contribution to the scientific settlement, one of the most urgent contents in our country as well as in the world is a matter of ensuring HRs in general and the right of the sentenced person Prison in particular The regulation of HRs has been important and necessary but more necessary, more important is the issue of ensuring that rights are enforced in life Scientific and practical significance of the topic - In terms of theory, the research results of the Dissertation contribute to enriching the theory of HRs in the general cases and the theory of the rights of convicts in particular - In terms of practice, the research results of the Dissertation have analyzed and evaluated fully and objectively the situation of the rights of persons sentenced to imprisonment to come up with solutions to improve the law on Ahs and in organize the implementation of legislation on THAPT - The thesis can be a reference in teaching, learning and researching about CSE Structure of the thesis In addition to the introduction, conclusion, list of references and appendices, the content of the thesis is structured into chapters: Chapter Overview of research situation Chapter Theoretical issues about the rights of persons sentenced to imprisonment Chapter Actual situation of adjusting laws and practices to implement the rights of persons sentenced to imprisonment in Vietnam Chapter Perspectives and solutions to improve the law and organize the exercise of the rights of persons sentenced to imprisonment Chapter RESEARCH OVERVIEW 1.1 Research situation 1.1.1 Study abroad situation In the group of research projects on the rights of imprisonment executors, there are also many studies with various approaches, levels and angles of research published Based on the content mentioned, can be divided into the following two groups: - Group of studies on general HRs guarantee of imprisonment executors in criminal judgment execution First of all, there is the monograph "Human rights in administration of justice" (translated as HRs in judicial management) published by the United Nations High Commissioner Office on HRs and the International Bar Association In addition, a very important book studying HRs by imprisonment executives is the "A Human Rights Approach to Prison Management" (translated as Reaching HRs from the perspective of prison management) for a second edition 2009 by International Center for Prison Studies of King University, London, UK, published by Andrew Coyle, former Director of the International Center for Camp Studies prison In the research on HRs of imprisonment executives, there are some following works: Monograph "Prison policy and prisoners 'rights: The protection of prisoners' fundamental rights in international and domestic law" (roughly translated is prison policy and prisoners' rights: protecting basic rights of offenders in international law and national law, including the article "Positive obligations to ensure human rights of prisoners" (roughly translated as Positive mandatory measures to ensure HRs of offenders) by author Piet Hein van Kempen, Professor of Radboud University, Publisher Wolf Legal Publishers, Netherlands, 2008 Article “Solitary Confinement and International Human Rights: Why the US prison system fails global standars ”(roughly translated as International prisoners and human rights: Why American prison system failed to reach global standards) by Elizabeth Valisiades, American University International Law Review, No 1, 2005 - Group of research works on ensuring specific HRs of imprisonment executors in criminal judgment execution The content of these works investigates the issue of securing specific HRs of imprisonment executors in criminal judgment execution such as Constitutional rights of imprisonment executors, the right to fight torture and rights get health care with the nature of very basic rights of imprisonment executors in criminal judgment execution, some typical projects include: Book of the Constitutional Rights of Prisoners, by Dr John W Palmer, 9th edition, Routledge Publishing House, USA, 2015 The monograph "The Treatment of Prisoners under International Law" (translated as Treating prisoners under International Law), author Professor, Dr Nigel Rodley and Matt Pollard, published for the third time, Publisher University of Oxford, United Kingdom, 2009 Public Health books behind bars, from prison to community ”(translated as Public Health after bars, from prison to community), by Robert B Greifinger, Springer Publisher, New York, United States, 2007 * In the group of research projects on management and implementation of imprisonment, first of all, the "Guidance Notes on Prison Reform" (temporarily translated as some guidelines on prison reform) due to King University International Center for Prison Studies, London, UK, published in 2004 by author Andrew Coyle, former Director of the International Research Center for Prison In addition to the monographs above, there are some typical articles of scientists published in prestigious law journals around the world studying many aspects related to the guarantee of the mortgage of HR imprisonment sentence is as follows: Article "Prison conditions, human right" (roughly translated as Conditions of Prison and HRs), by Steve Foster, Public Law Magazine, University of Conventry, United Kingdom, No 1, year 2009 Article "International Protection of the Rights of Prisoners: Is Solitary Confused in the United States of Violation of International Standards?" (Roughly translated as International Security for Prisoners: Violation in US international standards?) by N D Miller, published on Lexisnexis.com, USA on June 25, 2007 Article "Mental Health care in prisons" (translated as Mental Health care in prisons), by John Reed, Journal of Psychiatry, Royal College of Psychiatry, London, United Kingdom , April 2003 The article "Prison Reform Efforts around the World: The Role of Prison Administrators" (translated as Prison Reform in the World, the role of prison managers), author Andrew Coyle, Tap Pace Law Review, London, United Kingdom, No 2, 2004 Article “Using International Human Rights Laws and Standards for US Prison Reform ”(translated as Using International Human Rights Standards and Laws to Reform American Prison), by Alvin J Bronstein, Jenni Grainsborough, Pace Law Magazine No 811, Washington, USA, January years 2004 The above articles study specific issues, focusing on the practice of ensuring that prisoner executives' crimes are in criminal sentence execution rather than academic theory issues Thus, the issue of ensuring HRs of imprisonment executors in criminal judgment execution is concerned by many scientists around the world with different angles, levels, in general, concentrated works study the issue of securing HRs in general and specific HRs of imprisonment executives such as the Constitutional rights, the right to fight torture, the right to health care However, with the scope The work has been surveyed, there is no work that comprehensively refers to the issue of the right of imprisoned people in criminal judgment execution 1.1.2 Research situation in Vietnam - Group of Textbooks related to the theory of human rights: Curriculum on "Human rights: multi-disciplinary and interdisciplinary approach to social sciences", "Human rights: multidisciplinary and interdisciplinary approaches Jurisprudence Episode I, Episode II ", Curriculum of undergraduate and graduate of Vietnam Academy of Social Sciences, 2010 Textbook" Theoretical and practical issues of civil and political rights group ", Curriculum of Vietnam Academy of Social Sciences, 2011 Textbook" International Law on Human Rights ", Curriculum of the Academy of Social Sciences Vietnam Academy of Social Sciences, 2014 Curriculum "International and regional mechanism on human rights", Curriculum of the Academy of Social Sciences - Vietnam Academy of Social Sciences, 2014 - The group of research works on HRs of imprisonment executors is also very rich with many different angles and research levels, up to now some typical research projects have been published as follows: Textbook "Criminal Law Enforcement Law", Curriculum of the Academy of Social Sciences - Vietnam Academy of Social Sciences, Journal of Legal Science No 6/2002 Article "Conditions to ensure the effectiveness of criminal judgment execution" by Dr Bui Kien Dien, Journal of Law No 6/2007 The theoretical and practical issues of imprisonment execution are also the subject of many scientific conferences on this field, notably the seminar on "enforcement of imprisonment issues Theoretical and practical issues" held at the People's Police Academy from June 17, 2006 to June 20, 2006 Explanatory statement, absorbing the draft Law on Criminal Enforcement to submit to the National Assembly through the number 338 / BCs UBTVQH on June 15, 2010 also contains a lot of rich information related to execution of imprisonment The author used a lot of information in these documents for the study of the thesis topic In the above-mentioned works, the authors study in depth the state management of human rights protection, organize the execution of imprisonment to ensure HRs in criminal judgment enforcement The issue of ensuring HRs, the rights of persons sentenced to imprisonment in criminal law in Vietnam has also been mentioned but only a small part or mentioned in a general way but in the context of our State being completed Good and issued legal documents 1.2 Overview of research situation Through researching the research situation in foreign countries and in the country related to the dissertation topic, PhD student found: Firstly, the thesis on Human Rights in the Graduate Curriculum of the Vietnam Academy of Social Sciences on Human Rights, published by Hanoi Social Science Publishing House in 2015; books Theoretical and practical issues of civil and political rights groups published by Hanoi Social Science Publishing House in 2011; book Human rights approach multidisciplinary and interdisciplinary law study 1, volume published by Hanoi Social Science Publishing House in 2010; book Human rights approach multidisciplinary and interdisciplinary social sciences, published by Hanoi Social Science Publishing House in 2009, textbooks and books are edited by Prof., Dr Vo Khanh Vinh as the rationale of the thesis, at the same time the dissertation can inherit some research results achieved in previous studies Through the research works of domestic scientists such as Dr Hoang Ngoc Nhat, Dr Vu Trong Han, Dr Nguyen Duc Phuc, Dr Do Duc Hong Ha, Master Pham Thi Tuyet Mai have clarified actual situation of managing and implementing imprisonment penalty, the actual implementation of the law on prisoners' HRs and has provided some solutions to improve the effectiveness of managing and organizing imprisonment sentence execution and implement the law on offender's HRs in the period before the Criminal Law Enforcement Law The above research results are very important and need to be inherited in the thesis research Secondly, some conclusions and recommendations of overseas research projects need to be further studied to apply in the context of Vietnam The study of foreign studies by foreign scientists such as Andrew Coyle, John W Palmer, Nigel Rodley, Matt Pollard, Piet Hein van Kempen, Elizabeth Valisiades has been studied in a general way and has the system of managing and organizing the execution of imprisonment sentences in the perspective of protecting HRs of detainees within the law and economic, cultural and social conditions in the host countries In their studies, the authors have made recommendations and guidelines for prison management 10 and HRs protection, in which the authors have proposed to disguise prisons, transfer the management of prisons from the Army and Police forces to the Ministry of Justice; prisoners are allowed to participate in religious activities while serving imprisonment sentences; labor regime, vocational training for prisoners; the regime of communicating with the outside world of imprisonment executors The above recommendations are reasonable, but in order to apply practical conditions in Vietnam, it is necessary to continue research to clarify some issues Like: In the context of security and social situation in our country can we apply those recommendations? Does the qualification and capacity of the staff executing imprisonment meet those requirements? Can the facilities of our country's prison facilities be met? Thirdly, the thesis needs to continue research to clarify some issues that the previous studies have not studied or studied but have not studied in depth + In theory, the thesis should continue to study the following basic issues: * Based on the concept and characteristics of HRs in general in international law, Vietnamese law and the inheritance of research results of scientific research works on HRs, especially research works in Vietnam, at the same time, based on the practical implementation of ensuring the rights of persons sentenced to imprisonment in Vietnam The thesis builds new concepts and contents of rights of persons sentenced to imprisonment in Vietnam In addition, to ensure the consistency and logic of research issues, the dissertation needs to clarify the perception of the relationship between the rights of the convicted persons in criminal law and organization exercise those rights In particular, the study of the rights of people sentenced to imprisonment comes from the spirit of judicial reform and the spirit of the 2013 Constitution * In the process of studying the rights of persons sentenced to imprisonment in the execution of criminal sentences in some countries in the world, the thesis continues to investigate the issue of the right of imprisonment executors in judgment execution Crime of some typical countries in the world Unlike previous studies, the Dissertation should specify what international standards relate to the guarantee of HRs of sentenced persons in criminal law in accordance with Vietnamese conditions, determine true values that are feasible in Vietnam + In terms of practice, the thesis needs to focus on clarifying the following contents: * Analysis of the situation of persons sentenced to imprisonment in Vietnam, the situation of execution of imprisonment * Objectively assess the rights of persons sentenced to imprisonment in criminal law in Vietnam Unlike previous scientific works, the Dissertation should comprehensively assess the actual situation of the specific rights of persons sentenced to imprisonment in criminal law in Vietnam, such as civil and political rights , economic, social and cultural people of imprisonment The thesis also needs to study to draw out objective and subjective causes of restrictions on the rights of persons sentenced to imprisonment in criminal law in Vietnam This is very important, because it is the basis for proposing solutions to improve the efficiency of organizing the implementation of the rights of persons sentenced to imprisonment in criminal law in our country in the coming time * Through research on scientific works, these projects only offer some solutions related to specific aspects to ensure the rights of people sentenced to imprisonment in 11 law Criminal Unlike those works, the dissertation provides a system of overall solutions on rights and limitations of the rights of persons sentenced to imprisonment in order to improve the efficiency in criminal law on the rights of convicted persons imprisonment sentence serving in Vietnam Thus, through the study of research projects related to the thesis topic that the thesis can inherit or continue to study to clarify, it can be said that no scientific work has approached one Comprehensive, systematic, synchronous way on the rights of persons sentenced to imprisonment since the enactment of the Criminal Enforcement Law so far, especially in the context of judicial reform and the spirit of the Constitution method of 2013 about HRs Many important theoretical issues such as the notion of the right of a person to be sentenced to imprisonment in criminal law; Contents of the rights of persons sentenced to imprisonment in criminal law; The concept of organizing the exercise of the rights of sentenced persons; The system of factors to ensure the rights of persons sentenced to imprisonment are left open or have been mentioned at a certain level but still lack of uniformity and inconsistency 1.3 Issues that need research Firstly, conduct in-depth research on the theory of rights and ensure the exercise of the rights of persons sentenced to imprisonment; basic contents of rights and organization to ensure the rights of persons sentenced to imprisonment, mechanisms to ensure the rights of persons sentenced to imprisonment Secondly, study the adjustment of the law and the status of legal provisions on the rights of persons sentenced to imprisonment; the current status of implementing the right of sentenced persons in criminal judgment execution, thereby finding out the limitations and shortcomings and the causes of these shortcomings Accordingly, in the process of researching, the author updates the new regulations of the Criminal Law Enforcement Act in 2010, the appropriate points, the shortcomings and the practical application in criminal judgment enforcement Thirdly, from research to clarify the theoretical basis, the status of the provisions of the law on rights and organization of ensuring the rights of persons sentenced to imprisonment Fourthly, the subjective and objective causes of the above-mentioned shortcomings and issues have not been studied and clarified Fifth, give solutions to improve the law and improve the quality to ensure the exercise of the rights of people sentenced to imprisonment in Vietnam, which is not currently mentioned Chapter THEORETICAL ISSUES ABOUT RIGHTS OF PRIORITY RESPONSIBILITIES 2.1 The concept of the right of a person sentenced to imprisonment 2.1.1 Awareness of human rights and the rights of persons sentenced to imprisonment The concept of the right to imprisonment is an important point in the rationale Fully aware of this issue requires based on the views of the Party and State of Vietnam on the rights of persons sentenced to imprisonment 12 When discussing the concept of the right to imprisonment, first of all need to be aware of human rights in general Human rights are a long-standing, historical and welldefined category, which is studied in many aspects of national and international social life The understanding of human rights also has a certain difference between ideology and doctrines, the school of research on human rights, between countries in each specific historical period 2.1.2 Some basic principles respect and guarantee the rights of no deprivation or restriction of the sentenced person 2.1.2.1 Principles of Party leadership The principle of Party leadership is the key, fundamental principle and dominates all activities in the organization of execution of imprisonment sentences in prisons According to Article 4, Chapter I, Constitution of the Socialist Republic of Vietnam 2.1.2.2 Principles of socialist legislation The principle of socialist legislation is a common principle in the areas of law application The principle of socialist legislation in the execution of imprisonment sentences in general and in ensuring the rights and obligations of persons sentenced to imprisonment in particular, requires that the legal regulations governing the execution of imprisonment must be full, unified and highly feasible 2.1.2.3 Socialist humanitarian principles In organizing the execution of imprisonment penalties, the principle of socialist humanitarianism is one of the basic principles of socialist law, showing the humanity of the criminal policy of the Party and the State me 2.1.2.4 Strict management principles combined with radical differentiation According to the provisions of Point e, Clause 1, Article of the 2015 Penal Code (amended in 2017): "For persons sentenced to imprisonment, they must comply with penalties at detention facilities, right labor, study to become a useful person for society; If they meet the conditions set by this Code, they may be considered for a reduction of the penalty term, imprisonment before the conditional term " 2.1.2.5 Principles of socializing the organization of imprisonment enforcement Enforcement of imprisonment involves human rights, legal rights and obligations of citizens and is a highly politically sensitive field that is easily taken advantage of by external forces In order to ensure the right of a person sentenced to imprisonment during the time of serving the imprisonment penalty, we not only try with the efforts of the authorities and organization of the imprisonment penalty, but require coordination as well in close coordination with social organizations and organizations, especially the courts, the only agencies competent to decide on the change of contents in judgments such as suspension of execution of imprisonment penalties, reduction of term serving imprisonment penalties 2.1.3 The content of rights and issues of legalization of international law stipulates the rights of persons sentenced to imprisonment Ensuring the rights of persons sentenced to imprisonment requires a full understanding of the content of the rights but is limited to exercising the rights of the person sentenced to imprisonment and clarifying ways to make those rights go away to life 13 Thus, based on the provisions of the law of Vietnam, international law on the rights of persons sentenced to imprisonment as well as the status of ensuring these rights in enforcement of criminal sentences, may raise content The rights of persons sentenced to imprisonment are as follows: 2.1.3.1 Group of civil and political rights of persons sentenced to imprisonment Within the group of civil and political rights of persons sentenced to imprisonment in Vietnam include the following rights: - The right to life of the person sentenced to imprisonment - The inviolability of body, honor and dignity of the person sentenced to imprisonment - Right to access information of sentenced persons During the time of serving the imprisonment sentence, the sentenced person shall be provided with information on the State's news, policies and laws + The right to serve a sentence in a detention facility in accordance with the regulations of the person sentenced to imprisonment + The right to visit, receive, send letters and contact the offender's phone + The right to receive information of sentenced persons - The right to complain and denounce by persons sentenced to imprisonment - The right to freedom of belief and religion of persons sentenced to imprisonment 2.1.3.2 Group of economic, social and cultural rights of persons sentenced to imprisonment - Labor rights of persons sentenced to imprisonment - The right to study of persons sentenced to imprisonment - The right to health care of persons sentenced to imprisonment 2.2 Organization to exercise the rights of persons sentenced to imprisonment 2.2.1 The concept of organizing the exercise of the right of a sentenced person The rights of convicts are prescribed by law In order to put those rights into real life, it must be organized, like the application of law, when the rights and interests of the subjects of the law not arise by themselves, they must be applied by the competent authority that right comes true For example, labor rights cannot be freely enjoyed by workers, if employees work in any agency or organization, such agencies and organizations will receive dossiers and procedures for consideration and approval , according to the organization of civil servants and civil servants Recognition of the law on the right of imprisonment is just an acknowledgment of the social value of those rights and an important premise to implement them, but these rights are not implemented it only exists in potential form Organize implementation so that these rights become a reality in the practice of imprisonment In order to organize the right of imprisoned convicts to enforce imprisonment penalties effectively, create conditions for imprisoned convicts to enjoy their rights at the highest possible level depending on weaknesses The following factor: - Organization and operation of agencies participating in the execution of imprisonment sentences 14 - Subjects directly assuring the implementation of the rights of sentenced persons are prisons and officials and soldiers in prisons in charge of education, prison management - The rights of persons sentenced to imprisonment are not as complete as human rights and civil rights in general - Ensuring the implementation of rights for persons sentenced to imprisonment depending on the material foundations of existing conditions of prisons, detention camps and the attitude of responsibility of officers of the prison guards and education in the camps detention and detention camps - The purpose of guaranteeing the rights of persons sentenced to imprisonment 2.3 Mechanism to guarantee the rights of persons sentenced to imprisonment 2.3.1 Recognition of the law on the rights of persons sentenced to imprisonment The rights of persons sentenced to imprisonment in criminal judgment must be recorded in the criminal judgment enforcement system 2.3.2 Protection of the rights of persons sentenced to imprisonment Protecting the rights of a person sentenced to imprisonment in criminal judgment is against all infringements of the right of a person sentenced to imprisonment to keep those rights intact 2.3.3 Mechanism of coordination to ensure the exercise of rights of sentenced persons Enforcement of imprisonment sentences is a special and important type of judicial activity of the State and an activity of managing, detaining and educating persons sentenced to imprisonment in prisons and detention camps, strictly regulated by law Execution of imprisonment penalties related to human rights is a very sensitive field In order for an organization to ensure that the right of a person sentenced to imprisonment during the time of serving the imprisonment penalty, we are not only trying with the efforts of the authorities to administer the imprisonment sentence but demanding there must be close coordination with the branches and social organizations, especially the Court agencies and the only agencies competent to decide to change the contents of the judgments such as suspension of execution of imprisonment penalties , reduce the term of imprisonment penalty With its functions and duties: The Procuracy is responsible for supervising the compliance with the law in the execution of imprisonment sentences For the Court: The Court, as the body exercising judicial authority, is the center of judicial activity, the court is responsible for monitoring the situation and results of executing the sentence, deciding on imprisonment and take the leading role in issuing many important decisions related to the right of sentenced persons such as issuing judgment execution decisions, delaying serving imprisonment sentences, suspending the execution of imprisonment sentences , reduce the time limit for serving imprisonment sentences, exemption from serving imprisonment The salient feature of this coordination mechanism is coordination and mutual covenant 2.3.4 Supervising, inspecting and examining the guarantee of the rights of sentenced persons 15 The activities of the agencies involved in the execution of imprisonment always directly affect the rights of persons sentenced to imprisonment as prescribed by law Therefore, the supervision, inspection and examination of the right to imprisonment conviction in criminal judgment enforcement should be a regular and continuous activity to realize the rights of the convicted imprisonment 2.4 The rights of persons sentenced to imprisonment by some countries in the world 2.4.1 The rights of people sentenced to imprisonment in criminal sentence execution in China 2.4.2 The right of a person to be sentenced to imprisonment in criminal sentence execution in the French Republic 2.4.3 The rights of persons sentenced to imprisonment in criminal judgment execution in the United Kingdom 2.4.4 The right of a person to be sentenced to imprisonment in criminal sentence execution in Canada 2.4.5 Comment on the rights of people sentenced to imprisonment in criminal judgment execution in some countries around the world Researching the rights of people sentenced to imprisonment in criminal judgment execution in some typical countries shows that, due to specific conditions in different countries, the provisions of the law in countries also have points different These differences are reflected in aspects such as the enforcement of imprisonment penalties, prisons and prison regimes, the issue of state supervision and management of imprisonment enforcement That reflects the complexities and perceptions of different countries about the rights of persons sentenced to imprisonment in criminal judgment execution Even some countries have conflicting views about the concept, the way to guarantee the right of sentenced persons in criminal judgment execution Chapter CURRENT SITUATION OF LAWS AND PRACTICE ACTIVITIES OF THE RIGHTS OF PROBLEMS IN VIETNAM 3.1 Current status of the law on the rights of persons sentenced to imprisonment in Vietnam In today's social practice, human rights issues are seen as an outstanding issue, linking many activities and social relations together Although this issue is not new, 62 years ago, on December 10, 1948, the United Nations General Assembly agreed to adopt an important document, the Universal Declaration of Human Rights ( UDHR) The Universal Declaration of Human Rights laid the foundation and foundation for the development of an international system of principles and standards on human rights This is the first legal agreement on human rights developed by countries, recognizing the commitment to protect and improve the dignity, rights and fundamental freedoms of people That is the right to live in peace, freedom, equality; civil and political rights; economic, social and cultural rights of individuals; the rights of women and children The Declaration affirms, the human right belongs to everyone, recognized and implemented by everyone, is the common goal of all humanity Thus, it can be said that 16 human rights or human rights are natural human rights and are not deprived by anyone and any polity Every human being is created equal and created, giving some rights that cannot be taken away, such as the right to life, the freedom, the right to be happy 3.1.1 The situation of the person sentenced to imprisonment is serving the sentence Currently, the international context and security situation in Vietnam are complicated and unpredictable Crime situation and violations of law are still complicated and tend to increase in both quantity and nature of the danger level, criminal tricks are increasingly sophisticated Many criminals operate in the shadow of businesses, many gangs of criminals are abusive, using weapons to hire, scout, scramble for operating areas; there are some cruel, brutal murders; Violence, child abuse, antipublic service executors are more and more dangerous, corruption crimes, high-tech crimes, many cases of convictions 3.1.2 Actual situation on the subject to organize the exercise of the rights of convicted persons According to Articles 92 and 94 of the 2013 Constitution, "Judgments and decisions of People's Courts which have taken legal effect must be provided by State agencies, economic organizations, social organizations and dance units people's pages and all respected citizens; relevant people and units must strictly abide by " 3.1.3 Actual implementation of the rights of persons sentenced to imprisonment are serving sentences The execution of the judgment of the person sentenced to imprisonment is serving the sentence in prison These activities are the implementation of state policies for persons sentenced to imprisonment who are serving sentences in prisons These policy regimes are reflected in the legal provisions, namely: 3.1.1.1 The right to life, the right to respect for dignity and physical inviolability 3.1.1.2 The regime of persons sentenced to imprisonment (PN) in the judgment execution process shall enjoy the rights to eat, wear, stay, physical training, sports, cultural and artistic activities, activities, rooms and medical treatment 3.1.1.3 Persons sentenced to imprisonment in the process of judgment execution are assured of labor and study 3.1.1.4 Offenders in the process of serving sentences are guaranteed to visit; receive, send letters, parcels, mail and telephone contact with relatives 3.1.1.5 Prisoners in the process of serving sentences are guaranteed the right to appeal complaints 3.1.1.6 Offenders in the process of judgment execution are rewarded when there is a good judgment execution process and disciplinary action if they commit violations 3.1.1.7 Prisoners in the process of serving sentences are entitled to a reduction of imprisonment penalty term when good renovation 3.1.1.8 Prisoners in the process of serving sentences shall be temporarily suspended from serving their imprisonment penalties when the State bodies determine that there are problems with the law related to the decision to execute the sentences 17 3.1.1.9 Prisoners in the process of executing special amnesty sentences when meeting the conditions prescribed by law 3.1.4 Current situation of exercising the rights of under 18-year-old convicts currently serving a prison sentence Persons sentenced to imprisonment who are serving juvenile sentences are those who are under 18 years old Stemming from the ability to perceive, physiological psychological characteristics of people sentenced to imprisonment at this age as well as the policy of the Party and the State in educating this group of people, who is sentenced to imprisonment is not adolescents are entitled to their own education and renovation regimes in order to give them special conditions for education and renovation so as to soon become useful people for the society Under the provisions of Clause 5, Article of the Law on Criminal Enforcement, judgment execution against juveniles is primarily aimed at educating and helping them to correct mistakes, develop healthily and become useful people for society This is the overarching principle, demonstrating the leniency and humanitarian policies of the Party and the State with the juvenile offenders Concretizing this basic principle in Articles 51, 52 and 53 of the Criminal Law Enforcement Law, there are separate regulations in the direction of the State to ensure the regime of management, education, cultural education, vocational training and labor consistent with health, gender, personal characteristics, physiological and age of people sentenced to imprisonment as juveniles The State also gives priority to ensuring standards, quantifying food, wear, personal belongings, cultural, cultural and entertainment activities, meeting and contacting relatives of sentenced persons Imprisonment is a juvenile higher than a person sentenced to an imprisonment for an adult who facilitates a person sentenced to imprisonment to be a juvenile to correct mistakes, develop physically and mentally god, have conditions to integrate into the community after serving the imprisonment sentence, become a useful person for the society 3.1.5 Actual status of the right of imprisoned people is women, pregnant women and raising small children In many international documents and legal documents, women's rights have been identified and promoted as a responsibility of world civilization The regulation of women's rights in the law is a legal recognition of the role of women in society, this is a step in the cause of liberating people in general and liberating women in particular In Vietnam, women's rights are actually mentioned since our people gained independence from feudal colonialism After gaining government and "Democratic Republic of Vietnam was established, it marked a fundamental step in the lives of women Currently, women's fundamental rights are recognized in the Constitution legal and concretized in legal documents such as Article 26 of the Constitution emphasizes: Men and women are equal in all aspects, the State has policies to ensure rights and opportunities for gender equality and families create conditions for women to develop comprehensively and promote their role in society, prohibiting gender discrimination 3.2 Current status of implementation and guarantee of the right of imprisonment sentence serving in Vietnam 3.2.1 Status of the competent authority in ensuring the rights of the convicted person serving the sentence In order to ensure the rights of convicts who are serving imprisonment sentences, creating prestige for state executive agencies in social and practical practice, the attention and participation of agencies is needed competent state on this issue The survey process shows that state agencies such 18 as: Court, People's Procuracy, judgment enforcement agency, authorized person need to participate in activities to ensure the rights of convicted persons serving the sentence 3.2.2 The reality of coordination relations between state agencies in implementing the rights of persons sentenced to imprisonment are serving sentences The coordination between state agencies in exercising the rights of those sentenced to serving imprisonment is a coordination between state agencies and competent persons in ensuring the policy regime of state for convicted people This relationship is surveyed in the following coordination relations: 3.2.2.1 Relationship between criminal judgment execution and civil judgment execution 3.2.2.2 The relationship between the judgment execution agency and the judgment enforcement agency 3.2.2.3 Relationship between the judgment enforcement agency and the authorized judgment enforcement agency 3.2.2.4 The relationship between the judgment execution agency and the officer who performs the judgment execution 3.2.2.5 The relationship between the judgment execution agency and the convicted person, the judgment enforcer, the person who must serve the sentence 3.2.2.6 Relationship between judgment enforcement agency and Procuracy 3.2.2.7 Relationship between the judgment enforcement agency and the local authorities and the State agencies, organizations and individuals involved in judgment execution 3.3 Comment on the legal provisions on convicts' rights and organize the exercise of the rights of sentenced persons who are serving sentences 3.3.1 Shortcomings, restrictions in the provisions of law enforcement imprisonment The urgent requirement in the process of administrative reform and judicial reform in our country today is to improve the system of legal regulations (institutions) as a legal basis for implementing all issues related to the organization and operation of all agencies and units in the state apparatus This is entirely consistent with the goal of building a Vietnamese socialist rule-of-law state that the Party and the State have proposed In the past years, the system of legal documents on judgment execution has initially met the requirements of implementing tasks in the new situation However, the fact shows that the system of legal documents on judgment execution also reveals quite a number of defects that need to be overcome 3.3.2 Restrictions in the organization of exercising the rights of persons sentenced to imprisonment are serving sentences This is an important activity in ensuring the execution of judgments and decisions of the courts and arbitration agencies, contributing to strengthening the effectiveness of the entire state apparatus and protection The legitimate rights and interests of individuals, organizations and judgment executives are always strengthened and improved to meet the requirements and tasks set by the State for each period and historical period certain The 2013 Constitution and the laws on state apparatus organization approved by the National Assembly of the Socialist Republic of Vietnam in 2013 completed the state apparatus Along with that common trend, the judgment execution has also changed noticeably, including the Law on Government Organization regulating the function of 19 managing judgment execution belong to the Government at the same time The Law on Organization of People's Courts does not stipulate the judgment enforcement authority belonging to the People's Court On the basis of the provisions of these two laws, the Law on Criminal Enforcement in 2010, specifies the organization and operation of criminal judgment, set the legal basis for criminal judgment execution 3.3.3 Causes and directions to overcome limitations in the implementation of the rights of persons sentenced to imprisonment currently serving sentences The cause of the restriction of entanglement in the exercise of the rights of the sentenced prisoner currently serving is derived from the organizational mechanism and management of current judgment execution The legally enforceable judgments and decisions of courts are compulsory for individuals, agencies and organizations involved and must be strictly enforced Thus, it is necessary to raise the effectiveness of social management by law, strengthen legislation, protect the interests of the state, society and citizens, achieve educational and preventive purposes One of the conditions to ensure the effectiveness of judgment execution in general is to have an appropriate organizational and management mechanism With the current organization and management mechanism, although there has been more innovation and development than before, there are still obstacles and limitations that need to be overcome The current criminal judgment execution has a separation between criminal judgment execution in and out of the military, clearly reflected in the organizational mechanism and management of the implementation of specific types of penalties: Image enforcement death penalty; execution of imprisonment penalties; enforce penalties and other decisions such as non-custodial reform, imprisonment, but for suspension, expulsion, probation, residence ban and compulsory treatment; enforce civil decisions in criminal judgments the dispersion, lack of focus leads to the management is not uniform, difficult to check and supervise the execution of judgment execution With the current enforcement and management mechanism, it inevitably leads to a consequence that in order to enforce a criminal sentence there may be at least four agencies responsible for organizing the implementation, specifically: This í due to the level of awareness, policies of laws, facilities and the spiritual life’s culture Chapter VIEWPOINTS, SOLUTIONS ON COMPLIANCE WITH LAWS AND WARRANTIESORGANIZATION OF IMPLEMENTATION OF THE RIGHTS OF THE PROBLEMS 4.1 Our Party and State views on perfecting the rights of persons sentenced to imprisonment in criminal judgment experiments Throughout history, people have struggled to free people, build a fair, democratic and civilized society For a long time, the Vietnamese nation was under foreign domination and suffered great sacrifices to gain national independence and freedom By the indomitable, persistent struggle over the centuries, the Vietnamese people have affirmed that the most fundamental and sacred right of man is the right to live in independence, freedom and the right to self-determination his destiny This is 20 also the fundamental principle of national self-determination which has been affirmed in the UN Charter and in Article of both the UN's most basic conventions on human rights: the National Convention economic, social, cultural and international conventions of civil and political rights 4.2 Solutions to improve the law and ensure the implementation of the rights of persons sentenced to imprisonment in Vietnam 4.2.1 Increase awareness of the rights of people sentenced to imprisonment Awareness of cadres, civil servants, officials who work in competent state agencies to build and issue legal documents and manage and organize imprisonment penalty plays a role Important in ensuring the right of the sentenced person In addition, the person convicted of imprisonment as the subject of human rights in criminal judgment execution, their perceptions of the convicts' rights also have a role in protecting their rights and their rights others sentenced to another imprisonment Therefore, there should be increased awareness of the rights of convicts in criminal sentence execution Firstly, propaganda and legal education for the contingent of officers and soldiers participating in the execution of imprisonment sentences Secondly, propaganda and education to raise the level and awareness of sentenced persons for their rights Thirdly, strengthen propaganda and explanation of criminal judgment enforcement laws for agencies, organizations and people 4.2.2 Improving the legal system on the rights of persons sentenced to imprisonment The law on the rights of persons sentenced to imprisonment in criminal judgment execution is the overall legal regulations governing social relations arising in the process of organizing the implementation of the rights of persons sentenced to imprisonment in criminal sentence execution The complete legal system is the first factor, the organization of management, detention and education of convicted people and the policy on this work is the second important factor to determine quality Operational efficiency ensures the rights of persons sentenced to imprisonment 4.2.3 Strengthening the organization and operation of the agency participating in the execution of imprisonment and strengthening the coordination mechanism In order to ensure the rights of persons sentenced to imprisonment in criminal judgment execution, agencies participating in the execution of imprisonment sentences under the Ministry of Public Security, the Ministry of Defense, the Procuracy and the Court must be organized and operate suitable, effective This content can only be done well on the basis of clearly defining the functions and tasks of each agency participating in the execution of imprisonment sentences 4.2.4 Improving the quality, competence and qualifications for the contingent of officials involved in the execution of imprisonment sentences The contingent of officials with a very important position, which is the decisive factor for the success or failure of the revolution, is a key part of the key mission President Ho Chi Minh once told us that "Officer is the root of all work" and "Successful or failed work is due to good or poor officials." In the course of revolutionary leadership, 21 our Party always attaches great importance to cadre work, one of the issues that determine the success or failure of the revolutionary cause 4.2.5 Strengthening the inspection, examination, supervision, settlement of complaints and denunciations in the execution of imprisonment penalties and handling of violations of the rights of persons sentenced to imprisonment The rights of persons sentenced to imprisonment in criminal judgment are always at high risk of abuse Ensuring the inspection, examination, inspection, supervision, settlement of complaints and denunciations in the execution of imprisonment sentences must be an urgent urgent requirement to limit the abuse of authority of agencies and people competent to participate in the execution of imprisonment sentences, repel acts of violating the rights of persons sentenced to imprisonment in this activity 4.2.6 Investing in technical facilities in executing imprisonment sentences to ensure the rights of persons sentenced to imprisonment The detention, education, labor and living regimes of persons sentenced to imprisonment depend greatly on the condition of the facilities at the detention facilities Therefore, it is necessary to invest in construction of facilities as well as other conditions at detention facilities to ensure the rights of persons sentenced to imprisonment Renovate and upgrade cells to ensure adequate lighting, air, clear and clean living environment, ensure minimum living conditions for people sentenced to imprisonment 4.2.7 Need to socialize judgment execution activities The Resolution of the 7th Party Central Committee, Course 10, indicated: "The reform of the state administration is the focus of the construction and improvement of the State, in the years ahead, the administrative reform must be based on Legal department and synchronous conduct on the following aspects: Administrative institutional reform, organizational apparatus and construction of the system of administrative cadres and civil servants ” The socialization of judgment execution is the transfer of a number of judgment execution tasks to non-State organizations that will reduce the pending project Socializing the execution of judgments properly avoids bureaucracy, authoritarianism, harassment which is the reverse side of State administrative activities When being socialized the judgment execution organizations have no monopoly, they must compete healthily to protect the prestige of their organizations and survive, if they wrong the legal requirements of the judgment creditors must compensate People also have the right to choose by themselves to ensure their right to self-determination, in accordance with their conditions and abilities Socialization of judgment execution will promote the role of the organization, family and individuals in the education of convincing the judgment-executing people to voluntarily fulfill their obligations In addition, the execution of judgment execution for bailiffs will help the State save money to support the executive apparatus 4.2.8 Enhance coordination in judgment execution - Strengthening the coordination between professional departments in prisons in offender education activities Prisoner education is one of the important tasks of the whole prison, making an important contribution to ensuring human rights in the execution of imprisonment 22 Therefore, there should be coordination between the professional departments in the prison during the offender education process Currently, offender education activities, despite having achieved good results, still have certain shortcomings and limitations CONCLUDE Ensuring QCN in general and the right of NBKAPT in particular is one of the contents and also the purpose of our State's judicial reform strategy to 2020 as reflected in Resolution No 49/NQ-TW dated June 2, 2005 of the Politburo In the process of socio-economic development and international integration of our country in the current period, the issue of ensuring QCN and the rights of NBKAPT are posing many theoretical and practical issues whichneed clarifying research So far, there have been a number of works in the world and Vietnam studying issues related to this topic These works have made many theoretical and practical contributions, but many theoretical and practical issues on the rights of the NBKAPT still have different opinions that need to be clarified In addition, in reality, the issue of rights of the NBKAPT has achieved many important results, contributing to the law on the right of the NBKAPT to come to life However, due to various objective and subjective reasons, the issue of guaranteeing the rights of the NBKAPT still has certain weaknesses and limitations In order to contribute to clarifying theoretical issues, overcoming weaknesses in practical about rights of NBKAPT, the thesis has used and harmoniously combined many research methods, acquireselective values of other scientific works on this issue On that basis, the thesis has systematically analyzed the theoretical issues, surveyed, analyzed, assessed the current situation of the rights of the NBKAPT and proposed solutions to enhance the guarantee of the rights of the NBKAPTwithin the law THAHSin our country in the future Specifically, the thesis has focused on clarifying the following main points: - The thesis has clarified the theoretical issues about QCN and the rights of the NBKAPT The thesis has systematized and built up the concept of rights of the NBKAPT Clarified the contents of the rights of the NBKAPT and introduced the system of assuring the rights of the NBKAPT in Vietnam 23 - The thesis has studied, surveyed, analyzed and assessed the current situation of the law provisions on QCN and the rights of the NBKAPT, surveyed and summarized practically the rights of the NBKAPT in our country recently Besides the achievements, the NBKAPT's rights issue also has some weak limitations To remedy these shortcomings restrictions that require understanding and clarify its cause Thesis was to find out the cause as caused by awareness factors of the rights of NBKAPT of the agencies and individuals involved NBKAPT and THAPT itself; caused by law factors and cause from the elements to ensure the implementation of NBKAPT rights - From the status of the rights of the NBKAPT and the inevitable necessity in the process of judicial reform in our country today To ensure the rights of the NBKAPT in the future, it is necessary to thoroughly understand the views of the Party and our State on the issue of QCN in general and the rights of the NBKAPT in particular On that basis, it is necessary to synchronously implement measures to enhance the guarantee of the rights of the NBKAPT in Vietnam Thus, through the study, the rights of the NBKAPT depends greatly on the following factors: Firstly, it is the awareness of the agencies and individuals participating in the THAPTand NBKAPT on QCN Secondly, is the legal system of rights of the NBKAPT Thirdly, are the guarantee factors for organizing the implementation of the rights of the NBKAPT in THAHS These three factors have a close relationship with each other and interact with each other, contributing to ensure the rights of the NBKAPT in practice Being deeply aware of this relationship has the meaning of directing practical action on the rights of the NBKAPT in terms of innovation in our country today./ 24 ... sentenced to imprisonment in Vietnam" as the thesis topic is necessary and significance, aiming to better ensure the rights of people sentenced to imprisonment in Vietnam Research purposes and tasks... Vietnam, and proposed some scientific solutions to contribute to strengthening the protection, protection and respect of the rights of persons sentenced to imprisonment in Vietnam in Vietnam... Vietnam National University Hanoi, 2017 (Political Theory Publishing House) 2013 Constitution with the implementation of Vietnam's international human rights treaties Assoc Prof Dr Chu Hong Thanh