VietnameseDecree No. 89/1998/ND-CP dated November 07, 1998 of the Government promulgating the regulations on temporary custody and detention
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Decree No. 89/1998/ND-CP dated November 07, 1998 of the Government promulgating the regulations on temporary custody and detention
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 89/1998/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 07/11/1998 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Public order |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------- |
No. 89/1998/ND-CP | Hanoi, November 07, 1998 |
DECREE
PROMULGATING THE REGULATIONS ON TEMPORARY CUSTODY AND DETENTION
THE GOVERNMENT
Pursuant to the Law on Organization of Government of September 30, 1992;
Pursuant to the Criminal Procedures Code of the Socialist Republic of Vietnam;
At the proposal of the Minister of Public Security and the Minister of Defense,
DECREES:
Article 1.- Now to promulgate, together with this Decree, "The Regulations on Temporary Custody and Detention".
Article 2.- This Decree shall replace Decree No. 149/HDBT of May 5, 1992 of the Council of Ministers and shall take effect for implementation 15 days after its signing.
Article 3.- The Ministry of Public Security and the Ministry of National Defense shall co-ordinate with the bodies concerned in guiding, monitoring and inspecting the implementation of this Decree.
Article 4.- The Ministers of Public Security, Defense, Finance, and Health, the heads of ministerial-level agencies and agencies attached to the Government and the presidents of the People’s Committees of provinces and centrally-run cities shall have to implement this Decree.
FOR THE GOVERNMENT PRIME MINISTER Phan Van Khai |
REGULATIONS
ON TEMPORARY CUSTODY AND DETENTION
(Promulgated together with Government Decree No.89/1998/ND-CP of November 7, 1998)
Chapter I
GENERAL PROVISIONS
Article 1.- Temporary custody and detention are preventive measures defined in the Criminal Procedures Code, applied by the investigation bodies, the procuraries or the courts to compel persons subject to custody or detention orders to be isolated from society for a certain period of time to prevent any acts of committing crimes or acts of obstructing the investigation, prosecution and trial or to ensure the enforcement of imprisonment or death sentences.
Article 2.-
1. Persons temporarily kept into custody are those arrested in emergency cases or caught in the act and on whom the order for temporary custody has been issued.
2. Persons detained are the defendant, the accused, indictees and those who are condemned to imprisonment or death sentences arrested for detention and on whom the order for detention has been issued.
Article 3.-
1. A house for temporary custody is a place where persons defined in Item 1, Article 2 hereof and persons arrested by Hunting Orders (hereinafter collectively called detainee) are temporarily held. In the temporary custody house there are a number of rooms for detaining the defendant and the accused that come under the investigation, prosecution and trial power of the criminal procedure bodies of district level.
Temporary custody houses of the police of districts, provincial capitals and towns (hereinafter called the district police) are places where subjects that come under the investigation, prosecution and trial competence of the district investigation bodies, the People’s Procuraries and the People’s Courts are kept or detained. The temporary custody houses at the Military Commands of the provinces and centrally-run cities or of equivalent levels are places where subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the procuraries and the courts in the People’s Army are kept or detained.
2. A room for temporary custody at Borderguard Station is a place where persons defined in Item 1, Article 2 hereof and subject to temporary custody orders issued by commanders of Borderguard Stations at islands or border regions and persons arrested by Hunting Orders are kept or detained.
Article 4.- A detention house is a place where persons defined in Item 2, Article 2 hereof and persons condemned to imprisonment or death sentence or persons awaiting judgement execution are detained. In a detention house there is a number of rooms for temporarily keeping persons defined in Item 1, Article 2 hereof and persons arrested by Hunting Orders.
Detention houses of the Ministry of Public Security and detention houses of provincial Police Departments shall be used to temporarily keep or detain subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the people’s procuraries and the people’s courts. The military detention houses are used to temporarily keep or detain subjects under the investigation, prosecution and trial jurisdiction of the investigation bodies, procuracies and courts in the People’s Army.
Article 5.- Temporary custody and detention houses shall undertake to detain and hold in custody only persons subject to custody, detention or hunting orders. Persons temporarily held in custody and those detained shall not be detained or kept in the same room. The temporary custody and detention must comply with law. All acts of infringing on the life, health, property, honour and dignity of those temporarily kept or detained are prohibited.
Chapter II
ORGANIZATION OF TEMPORARY CUSTODY HOUSES AND DETENTION HOUSES
Section A.- ORGANIZATION OF TEMPORARY CUSTODY HOUSES
Article 6.-
1. The Police agency of each district and the Military Command of each province and each centrally-run city and equivalent levels shall organize a temporary custody house. Such a house shall have a number of detention rooms with the signboard "Room of Detention" posted up. Those borderguard stations in border regions or islands far from district administrative centers shall be entitled to set up temporary custody rooms. Such a room at the borderguard station shall be put up with the "Room for Temporary Custody" signboard.
The Minister of Public Security shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of the temporary custody houses of district police agencies. The Minister of Defense shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of temporary custody houses at the Military Commands of provinces and centrally-run cities and equivalent levels and temporary custody rooms at borderguard stations.
2. A temporary custody house is managed by a Head and a Deputy-Head of the House, managerial cadres, medical workers and armed guards. Temporary custody houses with permanent number of 50 or more inmates shall be staffed with extra officials doing the dossier, scouting, general affairs and logistic ... work.
The appointment, distribution and arrangement of work and the specific number of staff members at temporary custody houses shall be stipulated by the Minister of Public Security and Minister of Defense basing on the conditions of each locality.
3. Temporary custody rooms at Borderguard Stations shall be directly controlled by the Station Chiefs. The functions, tasks and powers of the Station Chiefs in the management of the temporary custody shall be the same as those stipulated for chiefs of the temporary custody houses. The regime towards those temporarily kept in custody and the regime for management of temporary custody by temporary custody rooms at Border Stations shall comply with the stipulations hereof.
Where border stations that do not have temporary custody rooms need to keep in temporary custody according to competence prescribed by law persons showing signs of committing offences, the Commanders of such border stations shall appoint persons to escort them to the nearest temporary custody houses or detention camps for temporary custody as stipulated. The Ministry of Public Security and the Ministry of Defense shall co-ordinate in guiding the implementation of this stipulation.
Article 7.-
The Head of a temporary custody house shall have the following tasks and powers:
a) To direct and be responsible for the whole activities of the house under his/her charge as prescribed by law;
b) To effect the detention, temporary custody or release of persons temporarily kept and detainees upon orders or decisions of competent persons as prescribed by the criminal procedures legislation;
c) To organize and create conditions for those temporarily kept and detainees to exercise their rights and obligations in accordance with law;
d) To notify in writing the agency(ies) in charge of the cases involving persons temporarily kept in custody or the detainees of the expiration of temporary custody time-limit 1 day in advance, the expiration of the detention 5 days for the first notification, 10 days in advance for the second notification and to request such agencies to come to receive or settle cases of expiration of temporary custody or detention. Where such agencies fail to do so, petitions shall be made immediately to the competent superior bodies of such agencies for resolution;
e) To hand over the persons temporarily kept in custody or detainees according to exit orders by competent persons;
f) To make close co-ordination with the bodies concerned in order to serve the investigation, prosecution, trial and enforcement of imprisonment sentences;
g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and
h) To carry out other activities in accordance with the provisions of law.
2. Deputy-heads of temporary custody houses shall have to assist the heads of the houses according to assignments.
Article 8.- Heads and deputy-heads of temporary custody houses, managerial and educational officials, medical, dossier, general, scouting and logistic personnel and armed guards must have good political quality, high sense of organization and disciplines, be professionally trained and have knowledge of law.
Article 9.- Temporary custody houses and temporary custody rooms at border stations shall be solidly designed and built, equipped with locks and have sufficient light to ensure the health of those temporarily kept in custody or detainees, meet the environmental and hygienic standards as well as norms for fire prevention and fighting and suit the climatic conditions of each locality and the safety requirements concerning control of detention. The specific standards of temporary custody houses and temporary custody rooms at border stations shall be stipulated by the Ministry of Public Security and Ministry of Defense.
SECTION B.- ORGANIZATION OF DETENTION CAMPS
Article 10.-
1. The Ministry of Public Security, the Ministry of Defense, the Police Department of each province and centrally-run city (hereinafter called provincial Police Department), each military zone, each army corp and equivalent levels in the People’s Army may organize one or two temporary detention houses. Such houses shall have separate rooms for detaining persons under death sentence and rooms for temporarily keeping in custody persons on whom the temporary custody order has been issued and persons under decisions to serve imprisonment sentences and in waiting for their transfer to detention camps. These detention or temporary custody rooms shall be posted up with the signboards "room for temporary custody", "Room of detention of persons under death sentence" and "Room for detention of persons awaiting transfer to detention camps".
The Minister of Public Security shall decide on the establishment, dissolution, size as well as the internal rules of detention houses of the Ministry of Public Security and provincial Police Department. The Minister of Defense shall decide the establishment, dissolution, sizes and internal rules of detention houses of the Ministry of Defense, military zones, army corps and equivalent levels in the People’s Army.
2. A detention house shall be staffed with a supervisor, a deputy supervisor, personnel, technicians, officers, non-commissioned officers and armed combatants performing guarding and defense tasks. The appointment and posting of staff members as well as the specific number thereof shall be stipulated by the Minister of Public Security and the Minister of Defense.
Article 11.-
1. The detention house supervisor shall have the following tasks and powers:
a) To run and take responsibility for the whole activities of the house under his/her charge as prescribed by law;
b) To effect the detention, keeping in custody and release of persons temporarily kept and detainees upon the orders or decisions of competent persons as prescribed by the criminal procedures legislation;
c) To help persons temporarily kept in custody and detainees exercise their rights and obligations in accordance with law and to forward detainees’ petitions and appeals against sentences passed by first-instance or appellate courts to competent authorities for resolution within the time-limit prescribed by law;
d) To notify in writing the body(ies) taking the cases which involved the persons temporarily kept in custody or the detainees of the expiration of the time-limit for temporary custody 1 day in advance, the expiration of the detention 5 days for the second notification and 10 days in advance for the first notification, and to request the body(ies) taking the cases to come to receive or settle cases of expiration of temporary custody or detention time-limit. Where such body(ies) fails to do so, petitions shall be made to the competent superior body of that body(ies) for resolution;
e) To hand over the persons temporarily kept in custody or detainees upon exit orders of competent persons;
f) To make close co-ordination with the bodies concerned in order to well serve the investigation, prosecution, trial and enforcement of imprisonment or death sentences;
g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and
h) To carry out other activities in accordance with the provisions of law.
2. The detention house deputy supervisor shall be responsible for assisting the supervisor of the house according to his/her assignments.
Article 12.- Supervisors, deputy supervisors, managerial and educational officials, officers, non-commissioned officers and armed guards who perform the guarding and defending of houses of detention must have good political quality, a sense of organization and disciplines, the knowledge of law and professional skills.
Detention house supervisors and deputy supervisors must be the graduates from the College of Police, College of Public Security, College of Law or have the equivalent or higher level and have experience in detention and temporary custody management.
Managerial and educational officials and commanders of forces defending houses of detention must be graduates from the intermediate police schools, the intermediate public security schools or have equivalent or higher levels and must be professionally trained.
Article 13.- Houses of detention shall be solidly designed and built, equipped with locks and have sufficient lights to ensure the health of those temporarily kept in custody and detainees, meet the environmental and hygienic standards as well as norms for fire prevention and combat and conform to the climatic conditions of each locality and the safety requirements of detention and custody management. The specific standards of detention houses shall be stipulated by the Minister of Public Security and the Minister of Defense.
Article 14.- Houses of detention shall set up infirmaries to provide medical examination and treatment for those being temporarily kept in custody and detained. Houses of detention under the Hanoi Police Department and the Ho Chi Minh City Police Department shall establish hospitals to provide medical examination and treatment for inmates of temporary custody and detention houses in accordance with the stipulations of the Ministry of Public Security and Ministry of Health.
Chapter III
REGIME OF MANAGEMENT OF TEMPORARY CUSTODY AND DETENTION
Article 15.-
1. Detention and keeping in custody shall be sectored and classified as follows:
- Women;
- Minors;
- Foreigners;
- Persons contracted dangerous contagious diseases;
- Ferocious thugs, murderers, robbers of properties and dangerous recidivists;
- Persons having committed the offence of encroachment on national security;
- Persons condemned to death by courts; and
- Persons condemned to imprisonment sentences awaiting their transfers to detention camps.
2. Those persons involved in the same case that is being under investigation, prosecution and trial shall not be detained or kept in the same room. Separate detention and custody of each person shall be decided by the agencies that are hearing the cases. Foreigners who are detained or temporarily kept in custody may be detained or kept in separate rooms in temporary custody or detention houses.
3. Each detention house shall have an imprisonment penalty execution unit (called prisoners managing sub-house) which shall render such services as preparing and bringing meals, transport of supplies, do the cleaning-up, repair or construction of detention houses and serve detention and temporary custody requirements. The enforcement of imprisonment sentences at prisoners managing sub-houses shall comply with the Ordinance on Execution of Imprisonment Sentences and the Regulations of Detention Houses. The Minister of Public Security and the Minister of Defense shall decide on the establishment, resolution and size of the prisoners managing sub-houses as well as criteria of inmates thereof.
Article 16.- When receiving persons temporarily kept in custody and detainees, heads of temporary custody houses and supervisors of detention houses shall effect the following procedures:
- To examine the temporary custody orders, detention orders, hunting orders and other documents and to go through other necessary procedures to ensure detainment and keeping in custody of the right persons and in conformity with law;
- To make records on the receipt of dossiers as well as persons subject to temporary custody and detention, at the same time to ascertain the state of their health;
- To make identification and name slips, photographing and to make entry in the registry to follow up lists of persons temporarily kept in custody and detainees;
- To make known the internal rules of temporary custody houses or detention houses to persons temporarily kept in custody and detainees, to check their body and their belongings before taking them to rooms for temporary custody or rooms of detention. Body check of male detainees shall be made by male officials and of female detainees by female officials and shall be effected in private rooms.
Article 17.- Persons temporarily kept in custody and detainees shall be allowed to take into the temporary custody rooms or detention rooms the essential things for personal use according to the stipulations of the Ministry of Public Security and Ministry of Defense. Money and other properties carried along shall be deposited at the stipulated place in the temporary custody houses or detention houses or left to the care of their relatives. For those things that cannot be preserved during detention time and those things prohibited to take into temporary custody or detention rooms, and that must be destroyed, heads of temporary custody houses and/or supervisors of detention houses shall issue a written decision for destruction. The destruction must be witnessed by persons temporarily kept in custody or detainees and a report thereon must be made. When these persons are released or moved to other places for temporary custody or places of detention, their money and other properties deposited shall be returned to them. Where their money or properties are lost and/or damaged by the temporary custody or detention houses, compensation must be made to them.
Article 18.-
1. Temporary custody houses and detention houses shall be placed under strict protection. Heads of the temporary custody houses and supervisors of detention houses shall detail their officials and combatants on duty round the clock for the purpose of control, patrol, guarding and inspection of each temporary custody or detention room as well as the entire temporary custody and detention areas and the heads of the temporary custody houses and supervisors of detention houses shall deal in time with any unexpected incidents that may happen.
2. Persons in temporary custody or detention shall have to stay in the custody or detention rooms. Only by orders of the heads of temporary custody houses or the supervisors of detention houses can they be let out to execute the exit orders or to change air, take a bath, have medical examination and/or treatment, to clean the rooms. Persons in question shall not be used to perform work contrary to law.
Article 19.-
1. Shooting of film, photographing, videoing, sound recording and interviews at the temporary custody and detention areas shall comply with the stipulations of the Minister of Public Security and Minister of Defense.
2. Officials and combatants working in temporary custody or detention houses having no duties therein and other persons, if not permitted by heads of temporary custody houses and/or supervisors of detention houses, shall not be allowed to enter such area and to contact persons temporarily kept in custody or detainees. Where permitted to enter that area and to contact persons temporarily held in custody and detainees, they must be accompanied by officials in charge and comply with the latter’s guidance. Temporary custody and/or detention houses shall make a book to monitor cases of entry in such area and make such contacts.
3. The Ministry of Public Security and the Ministry of Defense shall co-ordinate with the Supreme People’s Procurary in guiding the implementation of the stipulations on inspection of temporary custody and detention.
Article 20.-
1. The exit of persons temporarily kept in custody or of detainees shall be made only when there is a written exit order by a competent authority stipulated in the criminal procedures legislation. Where first aid, immediate medical examinations or treatments are needed for persons temporarily kept in custody or for detainees at health establishments outside the temporary custody or detention houses, the heads of temporary custody houses and/or supervisors of detention houses shall have the right to issue exit orders but after that have to immediately notify the body hearing the case thereof.
2. An exit order must clearly state:
- The body, full name, position and title of the issuer of the order;
- The full name, age, address, acts of law violation, date of being temporarily kept in custody or detained, of the person allowed to make exit;
- Purposes and time limit of exit; and
- The official that receives the person allowed to make exit.
The issuer of exit order shall indicate the date and apply his/her signature and seal to the order.
3. Heads of temporary custody houses and supervisors of detention houses shall make a book to monitor the exit of persons temporarily kept in custody and detainees.
Article 21.- An exit shall be made in the following cases:
a) To allow persons temporarily kept in custody or detainees to have medical examinations and/or treatments, medical jurisprudence appraisal or psychiatric medical jurisprudence appraisal in hospitals outside the temporary custody or detention houses;
b) To move persons temporarily kept in custody or detainees to other places of temporary custody or detention;
c) To carry out investigation, prosecution or trial;
d) To bring persons condemned to imprisonment sentences to places where they shall serve their sentences or to take persons condemned to death sentences to places of execution;
e) To allow persons temporarily kept in custody or detained to meet their relatives, lawyers or other defenders;
f) To allow foreigners temporarily kept in custody or detained to contact consular officials or humanitarian organizations in accordance with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached between the State of Vietnam and the country of persons temporarily kept in custody or detained or humanitarian organizations as the case may be.
Article 22.-
1. Heads of temporary custody houses and supervisors of detention houses shall request officials executing exit orders to hand over all valid documents according to cases mentioned in Article 21 for examination and inspection in order to ensure exit of the right persons and shall make records on hand over of the persons whom the exit orders are issued, clearly stating their health conditions.
2. Persons temporarily kept in custody and detained may see their relatives, lawyers or other defenders, which shall be decided by the body(ies) taking their cases. Heads of temporary custody houses and supervisors of detention houses shall decide the duration of seeing which shall not exceed one hour for each time of seeing. Temporary custody and detention houses shall arrange visiting rooms in the area of their control for persons in temporary custody and detainees to see their relatives, if they are so permitted. Lawyers or other defenders shall see persons in temporary custody or detention as prescribed by law in office rooms of the temporary custody or detention houses.
Persons temporarily kept in custody and detainees and their relatives, lawyers or other defenders shall have to observe the internal rules on seeing. Heads of temporary custody houses and supervisors of detention houses shall make known the internal rules on seeing and shall appoint officials or combatants to supervise and prevent cases where persons in temporary custody and detainees try to escape or hand over and/or receive things prohibited to be taken out of or brought into the houses. Foreigners detained or temporarily kept in custody, who see their relatives, lawyers or other defenders, shall comply with these stipulations.
Contacts made by foreigners temporarily kept or detained with consular officials or humanitarian organizations shall comply with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached on each specific case between the State of Vietnam and the country of persons temporarily kept or detained or humanitarian organizations. These contacts shall be supervised by officials or combatants of temporary custody and/or detention houses and may be attended by representatives of Vietnam Diplomatic Missions or of Vietnam Red Cross Society.
Article 23.- Houses of detention shall arrange areas to detain persons condemned to death sentences. Where necessary, persons under death sentences may be fettered round the clock. Supervisors of detention houses may apply necessary technical and professional measures to prevent any escapes, suicides or other dangerous acts by persons under death sentences.
Article 24.-
1. Heads of temporary custody houses and supervisors of detention houses shall base themselves on the characters and tasks of the detention, temporary custody management as well as characteristics of the locations and areas to work out plans for safe protection of temporary custody and detention houses and organize disease prevention and combat against epidemics and diseases and ensure environmental hygiene in accordance with the stipulations. When an epidemic breaks out, notification must be given to the nearest health establishment for co-ordination to stamp out the scourge.
2. The Ministry of Health and the Ministry of Public Security shall arrange and guide health establishments to make medical examination and treatments where epidemics and poisoning, etc. occur en masse in temporary custody and/or detention houses and shall arrange separate treatment wards to receive patients who are in temporary custody or detention in other hospitals or health establishments. Heads of temporary custody houses and supervisors of detention houses shall arrange officials and combatants to make strict control of persons in temporary custody or detainees during the time of their treatment in health establishments outside the temporary custody and/or detention houses.
Article 25.-
1. Where persons in temporary custody or detainees die in temporary custody or and detention houses, the heads of temporary custody houses and/or supervisors of detention houses shall keep the site of the death intact and notify immediately investigation bodies and procuracies thereof for determination of the causes of death. Heads of temporary custody houses and supervisors of detention houses shall witness examination of the site and autopsy and shall inform the dead persons relatives thereof. Where the dead person is a foreigner, the notification to consular offices and his/her relatives shall be done by the body taking his/her case.
When investigation bodies and procuracies unanimously permit the burial, heads of temporary custody houses and/or supervisors of detention houses shall effect procedures for death declaration with local administration and organize the burial. Where requested by relatives of the dead person and certified by local administration, the remains of the dead may be handed over to them. The burial shall have to comply with the stipulations of the Ministry of Health and local administration. Where a foreigner in temporary custody or detention dies, procedures shall comply with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached on each specific case between the State of Vietnam and the country of the person temporarily kept in custody or detained who dies. Where a foreigner being temporarily kept in custody or detained dies and no corresponding international treaties are available at present or the State of Vietnam and the country of the person temporarily kept in custody or detained who dies fail to reach an agreement on resolution of each specific case or where the nationality of the dead person cannot be identified, procedures shall be effected as the case where a Vietnamese temporarily kept in custody or detained dies.
2. The burial cost shall be granted by the State budget, covering a coffin made of ordinary wood, a set of clothings and 4 meters of shroud, alcohol for cleaning up when shrouding the corps, incense, candles and a sum worth 100 kg of rice of average quality (at local market prices) as expenses for organizing the burial.
Chapter IV
REGIMES FOR PERSONS IN TEMPORARY CUSTODY AND DETAINEES
Article 26.-
1. The monthly food ration for persons temporarily kept in custody and detainees shall be 15 kg of rice, 0.3 kg of meat, 0.5 kg of fish, 0.8 kg of salt, 0.5 liter of sauce, 15 kg of green vegetables and 15 kg of fuel. The ration shall be tripled on holidays and solar New Year days and quintupled on Tet (lunar New Year festival). This ration shall be calculated according to current market prices in each locality. Heads of temporary custody houses and supervisors of detention houses may make interchange in the quantity of this ration in conformity with the practical situation and the taste of persons temporarily kept in custody or detained so that they may eat up their ration.
Not more than twice a month, persons temporarily kept in custody and detainees shall be entitled to receive food supply and essentials for life sent from their relatives in accordance with the stipulations; the quantity of supply shall not more than double the daily ration. These persons and detainees shall be prohibited from using alcohol, beer cigarettes and other stimulants and poisonous stuffs. Heads of temporary custody houses and supervisors of detention houses shall arrange the receipt and strict inspection of supply, reject prohibited stuffs and hand the supply in full to persons temporarily kept in custody and detainees and make inspection of this handing to prevent appropriation of the supply. The Minister of Public Security and the Minister of Defense shall specify things which relatives of persons temporarily kept in custody and detainees are allowed to provide and stipulate the arrangement of sales of essential things in detention houses. The use of supply shall be specified in the internal rules of temporary custody houses and/or detention houses.
2. The minimum average custody or detention space for a person temporarily kept or detained is 2 square meters with platforms made of cement or enamel tiles covered with mats for lying on.
3. During their custody or detention, persons temporarily kept in custody and detainees may use their own clothes, blankets, mats and mosquito nets or may borrow from temporary custody and detention houses. Each person shall be entitled to borrow 1 mat, 1 (single) mosquito net, 1 blanket (for temporary custody and detention houses situated in Da Nang City southward, it will be thin fiber blanket and those situated in Hue northward, it will be cotton blanket of 2 kg in weight), a pair of sandals and two suits of pyjamas after an uniform pattern stipulated by the Minister of Public Security or the Minister of Defense. Persons temporarily kept in custody and detainees shall be granted 0.2 kg of detergents every month and 1 face towel every two months. Women temporarily kept and female detainees shall be granted additionally a sum worth 2 kg of rice (by market current prices in each locality) to buy sanitary napkins.
Officials directly managing the detention and temporary custody shall have to guide and request persons temporarily kept in custody and detainees to keep and ensure hygiene of things borrowed and shall take back and maintain them well when those persons and detainees leave the temporary custody and/or detention houses.
Article 27.- Temporary custody or detention houses may organize their own kitchens equipped with necessary utensils. They shall have to manage such properties for the purpose if safety and economy. Organization of service of meals and drinking water with sufficient quantitative rations and hygienic assurance shall comply with the uniform stipulations of the Ministry of Public Security or the Ministry of Defense.
Article 28.- Where persons temporarily kept in custody and detainees are sick, affected with diseases or injured, they shall be medically examined and treated by health officials of temporary custody or detention houses.
Where persons in temporary custody or detainees are sick, affected with diseases or injured beyond the medical examination and treatment capability of health officials of temporary custody and/or detention houses, the heads of temporary custody houses or supervisors of detention houses shall inform the body hearing the case thereof, and at the same time go through procedures to move them to outside health establishments for treatment and arrange guarding and keeping of these persons. Expenses for medical examination and treatment shall be born by temporary custody or detention houses.
For persons in temporary custody or detainees suspected of contracting psychiatric disease or another disease that causes loss of capacity of cognition or capacity to control their acts, heads of temporary custody houses or supervisors of detention houses shall request the body hearing the case to make psychiatric medical jurisprudence appraisal. When a decision for application of compulsory treatment of the disease is issued by the competent authority, the body hearing the case shall co-ordinate with the temporary custody or detention houses to take persons in question to the establishment for treatment of the disease as mentioned in the decision.
Article 29.- Temporary custody and/or detention houses shall be equipped with public address system. On an average, 20 persons temporarily kept in custody or detained shall be granted one copy of Nhan Dan daily or a local newspaper. Heads of temporary custody houses and supervisors of detention houses shall arrange for persons temporarily kept in custody or detainees to listen to Radio Voice of Vietnam, local radio or wire broadcasting stations. Where conditions permit, arrangement may be made for them to watch a number of central and local TV programs.
Foreigners being temporarily kept in custody or detained at temporary custody or detention houses may receive publication in the languages of the countries which they bear nationality if so permitted by the body hearing the case.
Article 30.-
Persons temporarily kept in custody or detainees shall be allowed to send and receive letters only when permitted by the body hearing the case. Letters shall be left open and checked by heads of temporary custody houses or supervisors of detention houses.
Article 31.-
1. Persons temporarily kept in custody or detainees shall have the right to lodge their complaints or denunciations against illegal temporary custody or detention or against acts contrary to the Regulations on temporary custody and detention.
2. Such complaints and denunciations may be made in writing or orally to managerial and educational officials, heads or deputy heads of temporary custody houses or supervisors or deputy supervisors of detention houses or the persons who carry out the proceedings for settlement of the case or to the superior level of heads of the temporary custody houses and supervisors of the detention houses. Officials that receive oral complaints or denunciations shall put them in writing. Where persons temporarily kept or detainees want to lodge complaints or make denunciations by letters, heads or deputy heads of temporary custody houses or supervisors or deputy supervisors of detention houses or the persons who carry out the proceedings for settlement of the case shall arrange a place, writing papers and pens for persons temporarily detained or kept in custody to write. Persons temporarily kept in custody and detainees shall still have the right to lodge complaints and make denunciations to the procurary. Letters of complaints and denunciations addressing the immediate levels of temporary custody or detention houses or the persons who carry out the proceedings for settlement of the case shall be forwarded within 24 hours. Persons temporarily kept in custody and detainees shall be responsible before law for the contents of their complaints and denunciations; if they take advantage of the right to lodge complaints and denunciations to make slander, they will be dealt with according to law.
3. Upon receipt of letters of complaints or denunciations from persons temporarily kept in custody or detainees, persons or the bodies responsible for settlement shall verify the facts and reply the complainants and/or denouncers 10 days at the latest from the date of receipt of the letters of complaints and or denunciations or the oral complaints and/or denunciations.
Article 32.-
1. Persons temporarily kept in custody and detainees who have completed their deposition, await trial, observe strictly the internal rules of temporary custody or detention houses may be considered to double the number of times to see their relatives and to double the number of times to send and receive letters and to receive supply.
2. Where persons temporarily kept commit acts of breaching the internal rules of the temporary custody or detention houses, they shall be dealt with by one of the following actions, depending on the nature and seriousness of the breaches:
- Warning;
- Fettering. The duration of fettering shall be decided by the heads of temporary custody houses or the supervisors of detention houses but shall not exceed one week.
3. Where detainees commit acts of breaching the internal rules of temporary custody or detention houses, they shall be dealt with by one of the following actions, depending on the nature and seriousness of the breach:
- Warning;
- Punishment by being placed in a disciplinary confinement for 3 to 12 days. Detainees put in such a confinement may be shackled. The shackling duration shall be decided by the heads of temporary houses or supervisors or the detention houses, but shall not exceed 10 days.
4. Persons temporarily kept in custody and detainees who violate the internal rules for a number of times may be restricted in the number of times to see their relatives, send and receive letters and receive supply. During the time of disciplinary action, they shall not be entitled to send and receive letters, receive supply and to see their relatives till they strictly abide by the internal rules of the temporary custody or detention houses.
5. The taking of disciplinary actions against persons temporarily kept in custody or detainees who violate the internal rules shall be decided in writing by the heads of temporary custody houses or supervisors or detention houses. It shall be specified in decisions the reasons and forms of discipline. Records on the violations and decisions on disciplinary forms shall be inserted in the dossiers of the disciplined persons.
Article 33.-
1. Persons condemned to death shall be entitled to enjoy meals, medical examination and treatment, sending and receiving letters, seeing relatives, receiving supply, making complaints and denunciations like persons temporarily kept in custody and detainees except otherwise stipulated by law.
2. Houses of detention shall have to return immediately the money and properties deposited and personal belongings (if any) of the persons executed by death sentences to their relatives or to their trusted people.
Article 34.- The of temporary custody and detention regime for foreigners temporarily kept in custody or detained shall comply with these Regulations except otherwise stipulated by international treaties which Vietnam has signed or acceded to.
Chapter V
IMPLEMENTATION PROVISIONS
Article 35.- Funds for the management, renovation, repair and construction of temporary custody and detention houses, the procurement of means in service of temporary custody and detention and expenses for meals, clothings, lodging, livelihood and medical treatment for persons temporarily kept in custody and detainees as well as expenses for arrangement of burial of persons temporarily kept in custody and detainees who die shall be granted by the State budget in accordance with the annual estimates by the Ministry of Public Security and the Ministry of Defense. The Ministry of Finance shall assume the prime responsibility and co-ordinate with the Ministry of Public Security and the Ministry of Defense in guiding the implementation of this Regulation.
Article 36.-
1. The presidents of the People’s Committees of the provinces and centrally-run cities shall be responsible for allocating of land, supporting the above-said spending from local budgets and creating favorable conditions for the construction and management of temporary custody and/or detention houses in their localities and direct local administration to make co-ordination to ensure security and safety for such houses.
2. The Minister of Public Security and the Minister of Defense shall decide on specialized bodies to manage the system of temporary custody and detention houses.
FOR THE GOVERNMENT PRIME MINISTER Phan Van Khai |
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