Circular 113/2021/ND-CP on amending Decree 120/2017/ND-CP detailing Law on Enforcement of Custody and Temporary Detention

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 120/2017/ND-CP of November 6, 2017, detailing a number of articles of the Law on Enforcement of Custody and Temporary Detention^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 25, 2015 Law on Enforcement of Custody and Temporary Detention;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 120/2017/ND-CP of November 6, 2017, detailing a number of articles of the Law on Enforcement of Custody and Temporary Detention.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 120/2017/ND-CP of November 6, 2017, detailing a number of articles of the Law on Enforcement of Custody and Temporary Detention (below referred to as Decree No. 120/2017/ND-CP)

1. To amend and supplement Clause 1, Article 4 as follows:

“1. The monthly food ration of a person held in temporary detention includes 17 kg of ordinary rice; 15 kg of vegetables; 1 kg of pork; 1 kg of fish; 0.5 kg of sugar; 0.75 liter of fish sauce; 0.2 liter of cooking oil; 0.1 kg of super seasoning; 0.5 kg of salt; other food seasoning equivalent to 0.5 kg of ordinary rice; and fuels equivalent to 17 kg of firewood or 15 kg of coal.

The food ration of a person held in custody shall be calculated on a daily basis and based on the food ration of a person held in temporary detention.

The above rations shall be granted by the State in money equivalent at the average market price of the locality where a detention or custody facility is based.”

2. To amend Clause 3, Article 4 as follows:

“3. A person held in custody or temporary detention who is pregnant or raising a under-36 month child is entitled to a food ration double the normal daily food ration specified in Clause 1 of this Article and may be swapped as prescribed by a medical doctor or physician. A person held in custody or temporary detention who gives birth to her child is entitled to payment of hospital fees and one-off supply of articles necessary for newborn care equivalent to 1 month’s food ration of a under-36 month child staying with his/her mother in the detention or custody facility.”.

3. To amend and supplement Clause 1, Article 6 as follows:

“1. A person held in custody or temporary detention may use clothes, blankets, mats, mosquito nets and necessary personal articles. If he/she lacks these items, the detention or custody facility shall lend him/her 1 mat, 1 personal mosquito net, 1 pair of slippers, 2 sets of long-sleeve shirts and trousers, 1 winter jacket (for the provinces from Thua Thien-Hue northward and 5 Central Highlands provinces) and 1 blanket (for the provinces from Thua Thien-Hue northward and 5 Central Highlands provinces, cotton blankets with a weight not exceeding 2 kg shall be used; for other provinces and cities, fabric blankets shall be used).

A person held in custody may receive 1 toothbrush, toothpaste of up to 20 g, 1 face towel, 0.1 kg of laundry detergent and 20 ml of shampoo. When he/she is transferred to a detention facility, he/she may continue using such toothbrush and face towel under regulations applicable to persons held in temporary detention.

A person held in temporary detention may receive 1 toothbrush, 1 face towel for use in 3 months, toothpaste of up to 100 g for use in 2 months; and 0.3 kg of laundry detergent and 70 ml of shampoo every month.

A woman held in custody or temporary detention may additionally receive articles necessary for feminine hygiene with a value equivalent to 2 kg of ordinary rice per month.”.

4. To amend Clause 1, Article 7 as follows:

“1. Expenses for curative medicines for treatment of ordinary diseases for persons held in custody or temporary detention are equivalent to 3 kg of ordinary rice/person/month.”.

5. To amend and supplement Article 8 as follows:

“Article 8. Care for and raising of under-36 month children staying with their mothers in detention or custody facilities

1. The food ration of under-36-month children staying with their mothers in detention or custody facilities are the same as monthly allowance for under-4-year children in social relief establishments as provided by current law; on public holidays and New Year Festival provided by law, they are entitled to a food ration 5 times the ordinary daily food ration; on the International Children Day (June 1 of the calendar year) and the Mid-Autumn Festival (August 15 of the lunar year), they are entitled to the food ration double the ordinary food ration. Every month, they shall be provided with milk and necessary personal articles for daily activities which are equivalent to 20 kg of ordinary rice per child. Depending on the age of children and practical conditions, heads of detention or custody facilities may change food rations of children to meet their nutrition needs or convert such food rations into money amounts for being kept as deposits for their mothers to use for caring and nurturing them.

2. A under-36-month child staying with his/her mother in a detention or custody facility may be provided with necessary personal articles including 1 blanket, 1 mosquito net of a size suitable to his/her age, 1 set of winter clothes per year (for the provinces from Thua Thien-Hue northward and 5 Central Highlands provinces), 1 pair of slippers for use in 6 months, 2 sets of ordinary-fabric clothes for use in 6 months, 1 face towel for use in 3 months, and 0.3 kg of laundry detergent per month.

3. Under-36-month children staying with their mothers in detention or custody facilities may be granted health insurance cards, entitled to medical care, examination and treatment in accordance with the Law on Children and the Law on Health Insurance. For a child suffering a dangerous disease that falls beyond the treatment capacity of the detention or custody facility’s clinic, the detention or custody facility shall carry out procedures for transferring him/her to a state-run health establishment for treatment. The head of the detention or custody facility shall decide on the transfer and escort of the child’s mother held in custody or detention to the health establishment to care for her child.

Detention or custody facilities shall pay actual expenses for medical examination and treatment for under-36-month children staying with their mothers in such facilities at clinics or hospitals in such facilities or state-run health establishments. Expenses for the funeral of a deceased under-36-month child staying with his/her mother in a detention or custody facility shall be provided as for deceased persons held in custody or temporary detention.

4. Entitlements for children aged full 36 months or older who stay with their mothers in detention or custody facilities pending the performance of procedures for transferring them to social relief establishment or sending them to their relatives for nurturing must comply with this Article”.

6. To amend Clauses 1 and 3, Article 10 as follows:

“1. When a person held in custody or temporary detention dies, expenses for shrouding include a money amount for buying 1 coffin made of ordinary wood, 1 set of a long-sleeve shirt and a pair of trousers, 1 set of new underwear, 4 m² of shrouding cloth, incense, candles and alcohol for cleaning, and other money amounts of a value equivalent to 100 kg of ordinary rice.”.

“3. In case a person held in custody or temporary detention dies and his/her relatives receive his/her corpse for burial, a money amount equivalent to 200 kg of ordinary rice shall be provided as support for transportation of the corpse and burial cost.”.

Article 2. Implementation responsibility

1. The Minister of Public Security and Minister of National Defense shall coordinate with each other in guiding, directing and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

Article 3. Effect

This Decree takes effect on the date of its signing.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH