Prisoners are allowed to meet their husbands but must use contraception.

A draft circular from the Ministry of Public Security allows female inmates to meet their husbands in a private room for 24 hours, but they must use contraception and sign a commitment not to become pregnant.

Recently, the Ministry of Public Security announced a draft circular regulating the meeting between prisoners and their relatives, receiving and sending letters, receiving money and belongings, and making telephone calls to relatives… to solicit opinions from the public and relevant agencies. If approved, this draft circular will replace Circular 46/2011 of the Ministry of Public Security.

Notably, in the section on visiting procedures, the draft clearly states that prisoners may meet their spouses in a private room.

Meet within 24 hours with a commitment not to get pregnant.

According to the draft regulations, inmates who strictly abide by the prison rules and regulations or perform meritorious acts may meet their spouse in a private room for no more than 24 hours. To be allowed to visit, the spouse must have a marriage certificate or a confirmation from the People's Committee or the commune-level police confirming their actual marital status with the inmate, and must sign a commitment to strictly abide by the visiting room regulations.

Female inmates must sign a written agreement stating they are not pregnant when they meet their husbands in their private room. (Illustrative image)

Female inmates allowed to meet their husbands in private rooms must use contraception and sign a commitment not to become pregnant to ensure they serve their prison sentences. This is a new point in the draft circular compared to Circular 46/2011 of the Ministry of Public Security.

The regulation allowing prisoners to meet their spouses in private rooms has been widely praised as humane and compassionate, encouraging prisoners to behave well and perform meritorious deeds. However, the question arises: how will this private meeting time be managed and controlled? What happens if a female prisoner becomes pregnant despite having signed a commitment not to become pregnant?

Motivating prisoners to reform themselves

Discussing this issue, Major General Tran The Quan, Deputy Director of the Department of Legal Affairs and Administrative and Judicial Reform (Ministry of Public Security), stated that this provision in the draft circular is appropriate and humane. Allowing prisoners to meet their spouses in private rooms has been in place for a long time, from the Ordinance on the Execution of Prison Sentences to the current Law on the Execution of Criminal Sentences. This is also a point of difference between Vietnam and other countries in the world.

"The private meeting room is also called the 'happiness room' or 'happiness house.' When I traveled abroad and discussed the possibility of allowing prisoners to meet their spouses in a private room, they were quite surprised and considered it a progressive step forward in Vietnam," Major General Quan said.

Major General Quân assessed that allowing inmates' spouses to meet is very beneficial. Firstly, it can improve the inmates' psychological well-being; secondly, it creates conditions for families to participate and cooperate with the detention facility in educating and rehabilitating the inmates; and thirdly, it will create motivation for inmates to comply with regulations and reform better.

What should be done if a female inmate becomes pregnant?

Regarding concerns about pregnancy during private meetings, Major General Quan stated that female inmates, when meeting their husbands in private rooms, must use contraception and sign a commitment form stating they will not become pregnant before being allowed to meet.

This stems from the fact that while male prisoners previously accounted for a large proportion, the number of female offenders is now increasing. Therefore, the Ministry of Public Security has anticipated and implemented regulations to adapt to this change.

"If a male inmate meets his wife and she becomes pregnant, it won't be too complicated, but conversely, if a female inmate meets her husband and she becomes pregnant, it will create many complications during the execution of her sentence," Major General Quan said.

According to General Quan, the signing of the commitment is primarily based on the voluntary consent of the inmate. If the inmate becomes pregnant after making the commitment, they have naturally violated regulations and will be punished. However, there are currently no specific regulations for this case. The draft circular is still undergoing consultation and further consideration; the Ministry of Public Security is still developing and providing guidance to find the most appropriate solution.

Providing further information on this matter, Major General Quan stated that if a female inmate becomes pregnant and is forced to give birth, there are two possible solutions: either the child is sent to family members for care, or in prisons with separate childcare areas, the child is placed near the mother for care. Regulations also stipulate that those raising young children will receive preferential treatment, such as larger sleeping space and better nutrition.

According to Ho Chi Minh City Law