Decree No. 120/2017/ND-CP dated November 06, 2017 of the Government on detailing a number of articles of the Law on Enforcement of Custody and Temporary Detention

DECREE

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;

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

Pursuant to the National Assembly’s Resolution No. 41/2017/NQ-QH1 of June 20, 2017, on the implementation of Penal Code No. 100/2015/QH13, which was amended and supplemented under Law No. 12/2017/QH14, and on the effect of Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Enforcement of Custody and Temporary Detention;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on Enforcement of Custody and Temporary Detention.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes in detail the regimes of meal, clothing and medical care (below collectively referred to as regimes) for persons held in custody or temporary detention; funds for ensuring the implementation of regimes for persons held in custody or temporary detention; funds for ensuring care for and raising of under-36 month children staying with their mothers in detention facilities; visits and meetings with and consular access to foreigners held in custody or temporary detention.

Article 2. Subjects of application

This Decree applies to detention facilities under the Ministry of Public Security and Ministry of National Defense, foreign diplomatic missions and consular offices in Vietnam, persons held in custody or temporary detention, and agencies, organizations and individuals involved in the management and enforcement of custody and temporary detention.

Article 3. Funds for ensuring the management and enforcement of custody and temporary detention and implementation of regimes for persons held in custody or temporary detention

Funds for the management and enforcement of custody and temporary detention; implementation of regimes for persons held in custody or temporary detention and care for and raising of under-36 month children staying with their mother in detention facilities prescribed in this Decree shall be allocated from the state budget according to the current decentralization of management of the state budget.

The management and use of state budget funds must comply with the Law on the State Budget and its guiding documents.

Chapter II

MEAL, CLOTHING AND MEDICIAL CARE FOR PERSONS HELD IN CUSTODY OR TEMPORARY DETENTION; CARE FOR AND RAISING OF UNDER-36 MONTH CHILDREN STAYING WITH THEIR MOTHERS IN DETENTION FACILITIES

Article 4. Food rations of persons held in custody or temporary detention

1. The monthly food ration of a person held in temporary detention includes 17 kg of medium-quality ordinary rice, 0.5 kg of medium-quality sugar, 15 kg of vegetables, 0.7 kg of meat, 0.8 kg of fish, 1 kg of salt, 0.75 liter of fish sauce, 0.1 kg of food seasoning, and fuel equivalent to 17 kg of firewood or 15 kg of coal, 45 kwh of electricity and 3 m³ of water to meet eating, drinking and living needs of such person.

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

The above rations shall be granted by the State in money equivalent according to the market price of the locality where a detention facility is based.

2. The food ration of a person held in custody or temporary detention who suffers an illness, a disease or an injury shall be decided by the head of the detention facility as prescribed by the health establishment treating that person but must not exceed twice the ordinary food ration.

3. A person held in custody or temporary detention who is pregnant or is raising a under-36 month child is entitled to the food ration applicable to other persons held in custody or temporary detention plus a 30% addition of the fish or meat ration. A person held in custody or temporary detention who gives birth to a child is entitled to payment of hospital fees and an allowance in kind equivalent to 30 kg of medium-quality ordinary rice.

4. In addition to the food ration prescribed in Clause 1 of this Article, a person held in custody or temporary detention may use gifts and deposited money to exchange for or purchase more food, which must not exceed 3 times the ordinary food ration.

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