THEPRESIDENT
No. 25/2015/L-CTN | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, December 8, 2015 |
Order
On the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Enforcement of Custody and Temporary Detention,
which was passed on November 25, 2015, by the XIIIthNational Assembly of the Socialist Republic of Vietnam at its 10thsession.
President of the Socialist Republic of Vietnam
TRUONG TAN SANG
THE NATIONALASSEMBLY No. 94/2015/QH13 | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
Law
On Enforcement of Custody and
Temporary Detention
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Enforcement of Custody and Temporary Detention.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
This Law prescribes the principles, order and procedures for enforcement of custody and temporary detention; the organization, tasks and powers of custody and temporary detention management and enforcement agencies; rights and obligations of persons held in custody or temporary detention; and responsibilities of related agencies, organizations and individuals in custody and temporary detention enforcement.
Article 2.Subjects of application
1. Persons held in custody or temporary detention.
2. Agencies and persons competent to manage and enforce custody and temporary detention.
3. Investigation agencies and agencies assigned to carry out some investigation activities.
4. People’s procuracies.
5. People’s courts.
6. Related agencies, organizations and individuals.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1.Person held in custodymeans a person being placed under management at a detention facility within the period or extended period of custody prescribed in the Criminal Procedure Code.
2.Person held in temporary detentionmeans a person being placed under management at a detention facility within the period or extended period of temporary detention prescribed in the Criminal Procedure Code. Persons held in temporary detention include the accused; defendants; persons sentenced to imprisonment or death while their judgments have not become legally effective or awaiting to serve their sentences; and persons held in temporary detention for extradition.
3.Custody and temporary detention regimemeans the regime of management and incarceration of persons held in custody or temporary detention and the regimes of meal, accommodation, clothing, personal articles, medical care, spiritual activities, sending and receipt of letters, receipt of gifts, receipt of books, newspapers and documents, meetings with relatives and defense counsels, and consular access for persons held in custody or temporary detention.
4.Detention facilitymeans a place where persons held in custody or temporary detention are incarcerated and managed. Detention facilities include temporary detention camps, custody houses, and custody rooms of border guard stations.
5.Temporary transfermeans the taking of a person held in custody or temporary detention out of a detention facility for a certain period of time under an order or a decision of a competent agency or person for criminal procedure activities, medical examination and treatment, visits and meetings, consular access or exercise of other rights or performance of other obligations as prescribed by a law.
6.Personal information sheetmeans a sheet containing brief information about the personal history, personal identification, photos in three different postures and prints of the two forefingers of a person held in custody or temporary detention, which is made and kept by a competent agency.
7.Fingerprint sheetmeans a sheet containing brief information about the personal history and prints of all fingers of a person held in custody or temporary detention, which is made and kept by a competent agency.
8.Relatives of a person held in custody or temporary detentioninclude parental grandparents, maternal grandparents; natural father, natural mother, adoptive father, adoptive mother, father-in-law, mother-in-law; spouse; siblings; natural children, adopted children, children-in-law; and natural grandchildren of a person held in custody or temporary detention.
Article 4.Principles of custody and temporary detention management and enforcement
1. To comply with the Constitution and law; to guarantee human rights, the interests of the State and lawful rights and interests of organizations and individuals.
2. To ensure the strict implementation of custody, temporary detention and release orders and decisions of competent agencies and persons.
3. To guarantee humanity; not to torture and use coercion or corporal punishment against or any other forms of treatment that infringe upon lawful rights and interests of, persons held in custody or temporary detention.
4. To guarantee that persons held in custody or temporary detention can exercise human rights and citizens’ rights and perform citizens’ obligations that are not restricted by this Law and other relevant laws.
5. To apply management and incarceration measures on the basis of the nature and seriousness of violations and the age, gender, health and other personal characteristics of persons held in custody or temporary detention; to guarantee gender equality and lawful rights and interests of women and children.
Article 5.Coordination responsibilities of agencies, organizations and individuals in custody and temporary detention management and enforcement
Agencies, organizations and individuals shall, within the scope of their tasks and powers, coordinate with, and implement requests of, competent agencies prescribed in this Law in custody and temporary detention management and enforcement.
Article 6.Supervision of custody and temporary detention management and enforcement
People’s procuracies shall supervise the observance of law by related agencies, organizations and individuals in custody and temporary detention management and enforcement in accordance with this Law, the Law on Organization of People’s Procuracies and the Criminal Procedure Code.
Article 7.Oversight of the implementation of the custody and temporary detention regime
The National Assembly, People’s Councils and the Vietnam Fatherland Front shall oversee activities of custody and temporary detention management and enforcement agencies and other agencies, organizations and individuals engaged in custody and temporary detention activities in accordance with law.
Article 8.Prohibited acts
1. Torturing and using coercion and corporal punishment; applying cruel, inhuman or degrading forms of treatment or punishment or any other forms that infringe upon lawful rights and interests of persons held in custody or temporary detention.
2. Failing to obey custody, temporary detention and release orders and decisions of competent agencies and persons.
3. Illegally incarcerating persons; illegally releasing persons held in custody or temporary detention; violating regulations on management, guard and escort of persons held in custody or temporary detention.
4. Obstructing persons held in custody or temporary detention in the exercise of the right to meet their relatives, the right to defense and legal aid, consular access, complaint and denunciation, human rights and other citizens’ rights and obligations in accordance with this Law and other relevant laws.
5. Destroying detention facilities, destroying or intentionally damaging assets of detention facilities; organizing escape or escaping from detention facilities; organizing escape or escaping while under escort; rescuing persons held in custody or temporary detention.
6. Disobeying internal rules of detention facilities, incarceration and management regimes or decisions and requests of competent custody and temporary detention management and enforcement agencies and persons.
7. Committing or organizing acts of provoking, inciting, inducing, enticing, abetting, harboring violators of or forcing others to violate, the law on enforcement of custody and temporary detention; taking revenge on, infringing upon the life, health, honor, dignity and property of others in custody or temporary detention enforcement.
Article 9.Rights and obligations of persons held in custody or temporary detention
1. A person held in custody or temporary detention has the following rights:
a/ To have his/her life, body and property safely protected, to have his/her honor and dignity respected; to be informed of his/her rights and obligations and internal rules of the detention facility;
b/ To exercise the voting right in accordance with the Law on Election of Deputies to the National Assembly and Deputies to People’s Councils and the right to vote in referenda in accordance with the Law on Referendum;
c/ To be entitled to the prescribed regime of meal, accommodation, clothing, personal articles, medical care, spiritual activities, sending and receipt of letters, and receipt of gifts, books, newspapers and documents;
d/ To meet his/her relatives, defense counsels and to have consular access;
dd/ To be guided, explained about, and exercise, the right to defend on his/her own or ask for defense or legal aid from others;
e/ To meet his/her lawful representative to conduct civil transactions;
g/ To file requests for release upon expiration of the period of custody or temporary detention;
h/ To complain about and denounce illegal acts;
i/ To be compensated for damage in accordance with the Law on State Compensation Liability if being held in detention or custody in contravention of law;
k/ To be entitled to other citizens’ rights that are not restricted by this Law and other relevant laws, unless such rights cannot be exercised due to the custody or temporary detention.
2. A person held in custody or temporary detention has the following obligations:
a/ To obey decisions, requests and instructions of competent custody and temporary detention management and enforcement agencies and persons;
b/ To observe internal rules of the detention facility, this Law and relevant laws.
Chapter II
ORGANIZATIONAL SYSTEMS, TASKS AND POWERS OF CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT AGENCIES
Article 10.Organizational systems of custody and temporary detention management agencies
1. Custody and temporary detention management agencies in the People’s Public Security force include:
a/ The criminal judgment enforcement and judicial assistance management agency under the Ministry of Public Security, which shall manage custody and temporary detention work nationwide (below referred to as the Ministry of Public Security’s custody and temporary detention management agency);
b/ Criminal judgment enforcement agencies under Public Security Departments of provinces and centrally run cities, which shall manage custody and temporary detention work in their provinces and centrally run cities (below referred to as provincial-level custody and temporary detention management agencies);
c/ Criminal judgment enforcement agencies under Public Security Divisions of rural districts, urban districts, towns and provincial cities, which shall manage custody and temporary detention work in their localities (below referred to as district-level custody and temporary detention management agencies).
2. Custody and temporary detention management agencies in the People’s Army include:
a/ The criminal judgment enforcement management agency under the Ministry of National Defense (below referred to as the Ministry of National Defense’s custody and temporary detention management agency), which shall manage custody and temporary detention work;
b/ Criminal judgment enforcement agencies of military zones and the equivalent, which shall manage custody and temporary detention work at temporary detention camps and custody houses in areas under their management;
c/ Provincial-level Border Guard Commands, which shall manage custody work at custody rooms of border guard stations.
Article 11.Organizational systems of custody and temporary detention enforcement agencies
1. Custody and temporary detention enforcement agencies include:
a/ Temporary detention camps of the Ministry of Public Security;
b/ Temporary detention camps of the Ministry of National Defense;
c/ Temporary detention camps of provincial-level Public Security Departments; temporary detention camps of military zones and the equivalent (below referred to as military zone-level temporary detention camps);
d/ Custody houses of district-level Public Security Divisions; custody houses of regional criminal investigation agencies in the People’s Army;
d/ Custody rooms of border guard stations on islands and in border areas far from district-level administrative centers.
2. The Minister of Public Security shall decide on the establishment, dissolution, sizes and designs and promulgate internal rules of detention facilities in the People’s Public Security force.
The Minister of National Defense shall decide on the establishment, dissolution, sizes and designs and promulgate internal rules of detention facilities in the People’s Army.
Article 12.Tasks and powers of custody and temporary detention management agencies
1. Tasks and powers of custody and temporary detention management agencies under the Ministry of Public Security or the Ministry of National Defense:
a/ To assist the Minister of Public Security or the Minister of National Defense in performing the tasks and exercising the powers prescribed in Articles 63 and 64 of this Law;
b/ To organize the implementation of the law on enforcement of custody and temporary detention;
c/ To provide professional direction and guidance for the unified application of the law on enforcement of custody and temporary detention;
d/ To decide on the transfer of persons held in custody or temporary detention between detention facilities;
dd/ To inspect and examine custody and temporary detention work according to their competence;
e/ To implement the statistical regime and report on custody and temporary detention enforcement;
g/ To conduct review of custody and temporary detention enforcement;
h/ To perform other tasks and exercise other powers as assigned by the Minister of Public Security or the Minister of National Defense.
2. Tasks and powers of provincial- and military zone-level custody and temporary detention management agencies:
a/ To assist directors of provincial-level Public Security Departments or heads of military zone-level units in managing custody and temporary detention enforcement in their localities;
b/ To organize the implementation of the law on enforcement of custody and temporary detention;
c/ To provide professional direction for and examine custody and temporary detention enforcement at temporary detention camps and custody houses;
d/ To decide on the transfer of persons held in custody or temporary detention between detention facilities within their provinces or military zones;
dd/ To examine and inspect custody and temporary detention work according to their competence;
e/ To conduct review of custody and temporary detention work and implement the statistical regime and report on custody and temporary detention work under the guidance of custody and temporary detention management agencies under the Ministry of Public Security or the Ministry of National Defense.
3. Tasks and powers of custody and temporary detention management agencies of district-level Public Security Divisions and regional criminal investigation agencies in the People’s Army:
a/ To assist heads of district-level Public Security Divisions or heads of regional criminal investigation agencies in managing custody and temporary detention enforcement in their localities;
b/ To provide professional direction for and examine custody and temporary detention enforcement at custody houses;
c/ To conduct review of custody and temporary detention enforcement and implement the statistical regime and report on this work under the guidance of superior-level custody and temporary detention management agencies;
d/ To directly manage custody houses under district-level Public Security Departments or regional criminal investigation agencies in the People’s Army.
4. Tasks and powers of provincial-level Border Guard Commands:
a/ To provide professional direction for and examine custody enforcement at custody rooms of border guard stations;
b/ To conduct review of custody enforcement and make statistics and reports according to regulations.
Article 13.Tasks and powers of custody houses and temporary detention camps
1. Custody houses and temporary detention camps have the following tasks and powers:
a/ To admit, and make dossiers, personal information sheets and fingerprint sheets of, persons held in custody or temporary detention under orders or decisions of competent persons prescribed in the Criminal Procedure Code or persons under transfer decisions in accordance with this Law;
b/ To implement measures of managing and incarcerating persons held in custody or temporary detention;
c/ To apply measures to protect the lives, bodies and property and respect the honor and dignity of persons held in custody or temporary detention;
d/ To guarantee that persons held in custody or temporary detention can exercise their rights and perform their obligations in accordance with this Law and relevant laws; to settle petitions according to their competence or forward protests, complaints, denunciations, requests, petitions and proposals of persons held in custody or temporary detention to competent agencies for settlement;
dd/ To hand over persons held in custody or temporary detention according to temporary transfer orders or transfer decisions of competent persons;
e/ To report to competent agencies when having grounds to believe that a custody, temporary detention or release order or decision is illegal;
g/ To coordinate with related agencies, organizations and individuals in investigation, prosecution, adjudication and judgment enforcement activities;
h/ To notify in writing the agency which is settling the case of a person held in custody or temporary detention 1 day, 5 days or 10 days before the period or extended period of custody, period of temporary detention or extended period of temporary detention, respectively, expires, and request such agency to settle the case in accordance with law; past the period of custody or temporary detention, if the case-settling agency fails to settle the case, to immediately propose the people’s procuracy competent to supervise custody and temporary detention management and enforcement to settle the case;
i/ To release persons held in custody or temporary detention under decisions of competent agencies or persons;
l/ To make statistics and reports on custody and temporary detention enforcement.
2. Custody houses of district-level Public Security Divisions and temporary detention camps may, in addition to the tasks and powers prescribed in Clause 1 of this Article, also admit, manage, incarcerate, educate and reform inmates and perform other tasks and exercise other powers in accordance with the law on execution of criminal judgments.
3. Heads of custody houses or wardens of temporary detention camps have the following tasks and powers:
a/ To organize the performance of the tasks and exercise of the powers of custody houses or temporary detention camps prescribed in Clauses 1 and 2 of this Article;
b/ To decide on the classification and organize the incarceration of persons held in custody or temporary detention;
c/ To decide to examine, seize and handle documents and objects on the ban list;
d/ To issue orders on temporary transfer for medical examination and treatment or incarceration; or to issue orders on temporary transfer or decide to allow persons held in custody or temporary detention to meet their relatives, defense counsels or lawful representatives to exercise some rights or perform some obligations as prescribed by law;
dd/ To implement orders on temporary transfer or decisions of competent agencies allowing foreigners held in custody or temporary detention to meet consular officers or contact humanitarian organizations;
e/ To organize the safe protection of detention facilities; ensure environmental sanitation; prevent and control natural disasters and epidemics; notify the nearest health agencies of epidemic outbreaks for coordination in eliminating epidemics.
4. Deputy heads of custody houses or deputy wardens of temporary detention camps shall assist their heads or wardens as assigned or authorized by the latter and take responsibility within the scope of their assigned tasks.
5. Heads and deputy heads of custody houses or wardens and deputy wardens of temporary detention camps and custody and temporary detention enforcement officers shall take responsibility for their acts and decisions in the observance of the law on enforcement of custody and temporary detention; if committing violations, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.
Article 14.Structures and organization of custody houses and temporary detention camps
1. Custody houses shall be organized as follows:
a/ A custody house has custody rooms, temporary detention rooms, disciplinary rooms, inmate management rooms; and facilities serving incarceration management and criminal proceeding activities. Depending on its size, a custody house may have facilities serving daily-life activities, medical care and education of persons held in custody or temporary detention or serving imprisonment sentences; and facilities serving work and daily-life activities of officers, professional army men, non-commissioned officers, soldiers, workers and public employees of the custody house;
b/ The organizational apparatus of a custody house in the People’s Public Security force consists of a head and deputy heads, officers, non-commissioned officers, soldiers, workers and public employees engaged in superintendence, scouting, security, judicial assistance, general staff, ordnance, technical work, education, health and dossier management;
c/ The organizational apparatus of a custody house under a regional criminal investigation agency in the People’s Army consists of a head and deputy heads, officers, non-commissioned officers, soldiers, and defense workers and public employees engaged in superintendence, scouting, security, judicial assistance, general staff, ordnance, technical work, education, health and dossier management work;
d/ Heads and deputy heads of custody houses must possess university or higher degrees in police service, security or law and satisfy other criteria prescribed by the Government.
2. Temporary detention camps shall be organized as follows:
a/ A temporary detention camp has temporary detention sub-camps, incarceration areas, temporary detention rooms, custody rooms, detention rooms for persons awaiting to serve imprisonment sentences, detention rooms for persons sentenced to death, disciplinary rooms, inmate management sub-camps; facilities serving incarceration management, procedure activities, judgment enforcement, daily-life activities, medical care and education of persons held in custody or temporary detention or serving imprisonment sentences; and facilities serving work and daily-life activities of officers, professional army men, non-commissioned officers, soldiers, workers and public employees working in the temporary detention camp;
b/ The organizational apparatus of a temporary detention camp in the People’s Public Security force consists of a warden and deputy warden(s), heads and deputy heads of sub-camps, team heads and deputy heads, head of the camp’s infirmary; officers, non-commissioned officers, soldiers, workers and public employees, who shall be organized in temporary detention teams and sub-camps and inmate management sub-camps to perform superintendence, scouting, security, judicial assistance, criminal judgment execution, general staff, ordnance, technical work, education, health and dossier management work;
c/ The organizational apparatus of a temporary detention camp in the People’s Army consists of a warden, deputy warden(s), a commissar, heads and deputy heads of sub-camps, team heads and deputy heads, a head of the camp’s infirmary; officers, professional army men, non-commissioned officers, soldiers, and defense workers and public employees, and may be organized in teams to perform superintendence, scouting, security, judicial assistance, criminal judgment execution, general staff, ordnance, technical work, education, health and dossier management work;
d/ Wardens and deputy wardens, heads and deputy heads of sub-camps and team heads and deputy heads specified at Points b and c, Clause 1 of this Article must possess university or higher degrees in police service, security or law and satisfy other criteria prescribed by the Government.
3. Custody rooms and temporary detention rooms of custody houses and temporary detention camps shall be designed and firmly built with locks and security control devices and must be adequately lit, ensure the health of persons held in custody or temporary detention, environmental sanitation and fire prevention and control, suit local climatic characteristics and meet incarceration and management requirements.
Working offices of procedure-conducting agencies and persons and defense counsels shall be designed and built to ensure security and meet requirements of investigation, case processing and defense work.
Article 15.Custody rooms of border guard stations
1. Border guard stations in deep-lying and remote areas which are competent to carry out some investigation activities may organize custody rooms to manage and temporarily hold in custody persons under decisions of heads of border guard stations or other competent persons in accordance with the Criminal Procedure Code.
2. The custody room of a border guard station has a head and is subject to direct management by the head of the border guard station. Tasks and powers of heads of custody rooms in the management of persons held in custody are similar to those of heads of custody houses prescribed in Clause 3, Article 13 of this Law.
Chapter III
THE INCARCERATION AND MANAGEMENT REGIME
Article 16.Admission of persons for custody or temporary detention
When admitting a person for custody or temporary detention, a detention facility shall:
1. Check information to identify whether he/she is the person to be held in custody or temporary detention under an order or a decision of a competent person;
2. Make a minutes on handover and reception of such person and accompanying documents and dossiers; organize health checks and body searches of such person and accompanying child aged under 36 months (if any). The body search of a person to be held in custody or temporary detention shall be conducted by officers of the same gender with him/her in a private place;
3. Take photos, make a personal information sheet and a fingerprint sheet, and make an entry in its custody and temporary detention monitoring book;
4. Inform, guide and explain the rights and obligations of persons held in custody or temporary detention and internal rules of the detention facility; inspect and handle articles carried along by such person before taking him/her to a custody or temporary detention room.
Article 17.Custody and temporary detention management dossiers
1. A custody or temporary detention management dossier must comprise:
a/ Orders, decisions and minutes on arrest, custody or temporary detention, extension of the custody period, extension of the temporary detention period, wanted notice, release, temporary transfer and change of detention places; and approval decisions of the people’s procuracy;
b/ Minutes on handover and reception of the person held in custody or temporary detention concerned and accompanying documents and dossiers; minutes on handover and receipt of cash and other property of such person for deposit or delivery to his/her relatives or lawful representative; decisions and minutes on destruction of articles on the ban list;
c/ The personal identification statement, fingerprint sheet and documents on personal history; documents relating to the observance of incarceration regulations; minutes and decisions on disciplinary actions for violations of internal rules or the law on custody and temporary detention enforcement; documents on the health, medical examination and treatment; documents relating to the exercise of rights and performance of obligations by such person during the period of custody or temporary detention; documents relating to the settlement or forwarding of his/her protests, complaints, denunciations, requests, petitions and proposals; documents on visits, meetings and consular access;
d/ The decision of a competent agency on sending such person to the place where he/she will serve his/her sentence, in case he/she is sentenced to imprisonment, or the Execution Council’s decision to execute such person, in case such person is sentenced to death;
dd/ Other relevant documents.
2. For a person held in temporary detention who has been previously held in custody, the temporary detention dossier must also include documents of the custody dossier.
3. The Minister of Public Security and the Minister of National Defense shall prescribe the regime of management, storage, exploitation and use of custody and temporary detention management dossiers.
Article 18.Classification of persons held in custody or temporary detention for management
1. Persons held in custody or temporary detention shall be arranged in different sectors and classified as follows:
a/ Persons held in custody;
b/ Persons held in temporary detention;
c/ Persons aged under 18 years;
d/ Women;
dd/ Foreigners;
e/ Persons infected with group-A contagious diseases;
g/ Persons committing crimes in a hooligan manner; committing murder; committing robbery of extremely serious nature; or committingdangerous recidivism;
h/ Persons committing crimes of infringing upon national security;
i/ Persons sentenced to death;
k/ Persons awaiting to serve imprisonment sentences;
l/ Persons frequently violating internal rules of detention facilities;
m/ Persons showing signs of suffering a mental disease or another disease that deprives them of perception or act control capacity but having not yet been examined, awaiting examination results or pending transfer to a compulsory medical establishment.
2. Persons involved in the same case which is in the stage of investigation, prosecution or adjudication shall not be incarcerated in the same room.
3. In special cases in which custody houses or temporary detention camps cannot meet requirements for separateincarceration due to practical conditions or in order to meet investigation, prosecution or adjudication requirements or ensure safety for persons held in custody or temporary detention, heads of custody houses, wardens of temporary detention camps or heads of custody rooms of border guard stations may coordinate with the case-settling agencies in issuing a decision on persons to be incarcerated in the same room.
4. Persons held in custody or temporary detention who fall into the following cases may be incarcerated in separate rooms:
a/ Homosexual persons, transgender persons;
b/ Persons specified at Points e, i and m, Clause 1 of this Article;
c/ Pregnant women and women with under 36-month children living together.
Article 19.Management of persons held in custody or temporary detention
1. Detention facilities shall be guarded, protected, managed, inspected and supervised around the clock.
2. Persons held in custody shall be confined to custody rooms, persons held in temporary detention shall be confined to temporary detention rooms. They shall be allowed to leave custody rooms or temporary detention rooms to execute temporary transfer orders or carry out other activities prescribed in Clause 5, Article 20 of this Law and internal rules of detention facilities only upon orders of heads of detention facilities.
3. Persons held in custody or temporary detention shall be restricted from the rights to travel, transaction, contact, information, communications and belief and religious propaganda, Any necessary civil transactions shall be conducted via their lawful representatives with the consent of case-settling agencies.
4. The transfer of persons held in custody or temporary detention between detention facilities shall be decided by heads of custody and temporary detention management agencies after reaching agreement with heads of case-settling agencies and notified to same-level people’s procuracies. The competence to transfer persons held in custody or temporary detention is prescribed as follows:
a/ The transfer of a person held in custody or temporary detention between detention facilities in the same province, centrally run city, military zone or equivalent unit shall be decided by the head of the provincial- or military zone-level custody and temporary detention management agency;
b/ The transfer of a person held in custody or temporary detention between detention facilities in different provinces, centrally run cities, military zones or equivalent units shall be decided by the head of the provincial- or military zone-level custody and temporary detention management agency of the locality from which the person is transferred after reaching agreement with the head of the provincial- or military zone-level custody and temporary detention management agency of the locality to which the person is transferred;
c/ The transfer of a person held on custody or temporary detention from a detention facility of a provincial-level Public Security Department or a military zone-level detention facility to a detention facility of the Ministry of Public Security or the Ministry of National Defense or vice versa shall be decided by the custody and temporary detention management agency under the Ministry of Public Security or the Ministry of National Defense;
d/ The transfer of a person held on custody or temporary detention from a detention facility in the People’s Public Security force to a detention facility in the People’s Army and vice versa shall be decided by the head of the custody and temporary detention management agency in charge of the detention facility from which the person is transferred after reaching agreement with the head of the custody and temporary detention management agency in charge of the detention facility to which the person is transferred.
Article 20.Temporary transfer of persons held in custody or temporary detention
1. The temporary transfer of persons held in custody or temporary detention shall be conducted only upon temporary transfer orders of competent persons in accordance with the Criminal Procedure Code, the Law on Execution of Criminal Judgments and this Law in the following cases:
a/ To serve investigation, prosecution, adjudication and judgment enforcement;
b/ To serve medical examination or treatment, forensic examination or forensic psychiatric examination;
c/ To meet relatives, defense counsels or lawful representatives to exercise some rights or perform some obligations as prescribed by a law;
d/ For a foreigner held in custody or temporary detention, to meet consular officers or contact humanitarian organizations in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party or agreement between the Socialist Republic of Vietnam and the country of such person or for external relations reasons on a case-by-case basis.
2. In case the warden of a temporary detention camp, head of a custody house or head of a border guard station’s custody room decides on the temporary transfer of a person held in custody or temporary detention for medical examination and treatment, he/she shall promptly notify such to the case-settling agency and competent procuracy.
3. A temporary transfer order must contain the following principal details:
a/ Agency, full name, position and rank of the issuer;
b/ Full name, year of birth, nationality, place of residence, act of violation, and date of custody or temporary detention of the person to be temporarily transferred;
c/ Purpose and period of temporary transfer;
d/ Full name, position, rank and agency of the person assigned to escort the to-be-temporarily transferred person or agency performing the escort;
dd/ Full name, position and rank (if any) of the officer of the agency competent to issue the temporary transfer order, who will receive the to-be-temporarily transferred person;
e/ Date of issue; signature of the issuer and seal.
4. Detention facilities shall examine and hand over persons held in custody or temporary detention to agencies or persons tasked to escort such persons. The escorting agencies or persons shall hand over the temporarily transferred persons to the persons competent to issue temporary transfer orders. The handover and reception shall be recorded in a minutes clearly stating the health status of the temporarily transferred person and noted in a monitoring register.
Persons competent to issue temporary transfer orders shall receive temporarily transferred persons. Escorting agencies or persons shall coordinate with detention facilities and persons competent to issue temporary transfer orders in managing and ensuring meals, accommodation and daily-life activities for temporarily transferred persons in accordance with this Law. The escort, management and funding for meals, accommodation and daily-life activities of temporarily transferred persons shall be prescribed by the Government.
In case the temporary transfer period has not yet expired but the temporary transfer purpose has been fulfilled or upon expiration of the temporary transfer period, persons requesting temporary transfer shall hand over temporarily transferred persons to escorting agencies or persons for the latter to hand over such persons to detention facilities, except cases in which a person held in custody or temporary detention is released under a judgment or decision of a competent agency or person. If the temporary transfer period needs to be extended, there must be an order thereon. The period or extended period of temporary transfer must not be longer than the remaining period of custody or temporary detention.
5. In case the activities specified in Clause 1 of this Article are carried out inside the premises of a detention facility, the head of the detention facility may decide to allow persons held in custody or temporary detention to leave custody or temporary detention rooms without having to issue temporary transfer orders.
Article 21.Handover of persons held in custody or temporary detention
A detention facility shall hand over a person held in custody or temporary detention in the following cases:
1. A custody and temporary detention management agency issues a decision to transfer such person to another detention facility;
2. A competent agency issues a decision to send such person, who is sentenced to imprisonment, to the place where he/she will serve his/her sentence;
3. The Execution Council issues a decision to execute such person, in case he/she is sentenced to death.
Article 22.Meetings with relatives, defense counsels and consular access of persons held in custody or temporary detention
1. Persons held in custody may meet their relatives once during the period of custody and once during each extended period of custody. Persons held in temporary detention may meet their relatives once a month; any increase in the number of meetings with relatives or any meetings with persons other than relatives shall be approved by case-settling agencies. The time for each meeting must not exceed one hour.
2. Visitors who are relatives of persons held in custody or temporary detention shall produce their personal identity papers and papers proving their relationship with the persons in custody or temporary detention. Meetings shall be closely supervised by detention facilities, must not affect criminal procedure activities of competent agencies and persons and must comply with regulations on visits and meetings; case-settling agencies may, if they so request, coordinate with detention facilities in supervising these visits and meetings.
Heads of detention facilities shall decide on specific time of visits and meetings with persons held in custody or temporary detention and notify case-settling agencies of such visits and meetings.
3. Defense counsels may meet with persons held in custody or temporary detention to conduct their defense in accordance with the Criminal Procedure Code and this Law at working rooms of detention facilities or places where the persons held in custody or temporary detention are receiving medical examination or treatment; and shall produce their personal identity papers and papers on the defense;
4. The head of a detention facility may not allow a visitor to meet a person held in custody or temporary detention in the following cases, for which he/she shall clearly state the reason:
a/ The visitor, who is a relative of the person held in custody or temporary detention, fails to produce his/her personal identity papers or papers proving his/her relationship with such person or the case-settling agency has requested in writing the detention facility not to let such person meet with his/her relatives for the reason that such a meeting may seriously affect the settlement of the case; the visitor, who is a defense counsel, fails to produce his/her personal identity paper or paper on the defense for the person held in custody or temporary detention;
b/ In case of emergency to protect the detention facility or organize the pursuit of persons held in custody or temporary detention who have escaped;
c/ Upon the outbreak of an epidemic in the area where the detention facility is located;
d/ When the person held in custody or temporary detention is receiving emergency medical treatment or is infected with a group-A contagious disease;
dd/ When the person held in custody or temporary detention is providing testimonies, being interrogated or participating in other procedure activities;
e/ The person held in custody or temporary detention refuses to meet the visitor; in this case, the visitor may meet such person to hear the latter’s refusal;
g/ The visitor has intentionally violated internal rules of the detention facility or the incarceration management regime twice or more times;
h/ The person held in custody or temporary detention is currently disciplined under Clause 3, Article 23 of this Law.
5. Visits to and meetings with foreigners held in custody or temporary detention must comply with Clauses 1, 2, 3 and 4 of this Article. Consular access and contact with humanitarian organizations must comply with treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements or specific agreements between the Socialist Republic of Vietnam and the countries of persons held in custody or temporary detention or humanitarian organizations. Representatives of Vietnamese diplomatic organizations or the Vietnam Red Cross Society may be invited to such meetings or visits.
The Government shall detail this Clause.
Article 23.Disciplining of persons held in custody or temporary detention who violate internal rules of detention facilities or the incarceration management regime
1. A person held in custody or temporary detention who violates internal rules of the detention facility or the incarceration management regime shall, depending on the nature and severity of his/her violation, be disciplined in either of the following forms:
a/ Warning;
b/ Confinement to a disciplinary room for a period of between 1 day and 2 days, which may be extended to 2 days, for persons held in custody; confinement to a disciplinary room for a period of between 3 and 7 days, which may be extended to 10 days, for persons held in temporary detention. The period of confinement to a disciplinary room must not exceed the remaining period of custody or temporary extension.
2. The discipline in the form of confinement shall be applied in case a person held in custody or temporary detention has violated internal rules of the detention facility or the incarceration management regime twice or more times or commits the acts specified in Clauses 5 and 7, Article 8 of this Law.
3. A person confined to a disciplinary room, if fiercely opposing the detention facility, committing suicide, hurting himself/herself or infringing upon the life or health of others, shall have leg irons put on one leg. The time period of putting on leg irons shall be decided by the head of the detention facility. Leg irons shall not be put on disciplined persons who are aged under 18 years, women,people with serious disabilitiesand persons aged full 70 years or older. During the period of confinement to a disciplinary room, a person held in custody to temporary detention shall be restricted from meeting relatives, sending and receiving letters and receiving gifts.
4. The disciplining of and restriction from meeting relatives, sending and receiving letters and receiving gifts for persons held in custody or temporary detention shall be decided in writing by heads of detention facilities. Minutes of violations and disciplining decisions shall be filed in incarceration management dossiers. If disciplined persons make progress, heads of detention facilities shall issue a decision to reduce the disciplining period and lift the restrictions on meetings, sending and receipt of letters or receipt of gifts for such persons.
Article 24.Management of personal articles, money and property of persons held in custody or temporary detention
1. Persons held in custody or temporary detention may only bring into custody or temporary detention rooms their essential personal articles. Other personal articles, money and property shall be deposited at a prescribed place of the detention facility or handed over to their relatives or lawful representatives for management. If it is necessary to destroy an article which cannot be preserved during the period of custody or temporary detention or an article on the list of articles banned from being brought into custody or temporary detention rooms, heads of detention facilities shall issue a written decision thereon or dispose of such article in accordance with law. The destruction shall be witnessed by the person held in custody or temporary detention concerned and recorded in a minutes. When persons held in custody or temporary detention are released or transferred to another detention facility, they shall be entitled to receive back their deposited personal articles, money and property; detention facilities shall pay compensation for any damage loss of due their fault.
2. The Minister of Public Security and the Minister of National Defense shall prescribe the list of articles banned from being brought into custody or temporary detention rooms.
Based on the list of articles banned from being brought brought into custody or temporary detention rooms, heads of detention facilities shall decide on specific articles which might be used to commit suicide, escape or injure or inflict harm to the health and life of oneself or others and are not allowed to be brought into custody and temporary detention rooms.
3. Persons held in custody or temporary detention may use deposited money to buy essentials for their daily life via their commissary accounts.
Article 25.Handling of cases in which persons held in custody or temporary detention escape
1. When a person held in custody or temporary detention escapes, the head of the detention facility concerned shall promptly organize the pursuit for such person, make a minutes and immediately notify such to the case-settling agency and competent people’s procuracy for coordinated handling. For every case of escape, pursuit, investigation and handling measures shall be applied in accordance with law.
2. When an escapee surrenders himself/herself, the agency receiving him/her shall make a minutes and immediately notify such to the case-settling agency and the detention facility concerned for handling in accordance with law.
Article 26.Handling of cases in which persons held in custody or temporary detention die
1. In case a person held in custody or temporary detention dies during the period of custody or temporary detention, the head of the detention facility concerned shall protect the scene and immediately notify the death to a competent investigation agency and people’s procuracy for determining the cause thereof and at the same time to his/her relatives or lawful representative. The scene examination and autopsy shall be witnessed by a representative of the detention facility. In case the deceased person is a foreigner, the case-settling agency shall notify his/her death to the consulate concerned and his/her relatives or lawful representative.
2. The detention facility shall carry out death declaration procedures in accordance with the law on civil status.
3. After the investigation agency and people’s procuracy permit the burial of the deceased person, the detention facility shall notify such to his/her relatives. If the relatives of such person so request in writing, the detention facility shall hand over the corpse to them, unless there are grounds to believe that the handover of the corpse will affect security, order or environmental sanitation. Past 24 hours after making the notification, if the deceased person’s relatives fail to come to receive the corpse, the detention facility shall organize the burial. In case the decreased person’s relatives make a written request for receipt of his/her ashes or remains, the head of the detention facility shall work with the local administration to settle their request in accordance with law. The burial must comply with regulations of the Ministry of Health and local administration.
4. Cases in which foreigners held in custody or temporary detention die shall be settled in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party, international agreements, or direct agreements on a case-by-case basis between the Socialist Republic of Vietnam and countries of such persons. Cases in which no relevant treaties or agreements are available or the Socialist Republic of Vietnam and the country of a deceased person cannot reach an agreement, or the citizenship of a deceased person cannot be determined shall be settled as if the deceased person is a Vietnamese.
5. Funding for burial shall be covered by the state budget.
The Government shall detail this Clause.
6. In case a person held in custody or temporary detention dies and he/she had participated in social insurance for a period of time or is on pension, the survivorship allowance shall be settled in accordance with the Law on Social Insurance.
Chapter IV
REGIMES FOR PERSONS HELD IN CUSTODY OR TEMPORARY DETENTION
Article 27.The regime of meal and accommodation for persons held in custody or temporary detention
1. Persons held in custody or temporary detention shall be provided with prescribed rice, vegetable, meat, fish, sugar, salt, dipping sauce, seasoning, fuel, electricity and water rations. Heads of detention facilities may decide to swap food ration ingredients to meet practical needs in order to ensure that persons held in custody or temporary detention eat up their food rations.
On law-prescribed public and lunar new-year holidays, persons held in custody or temporary detention shall be provided with additional food which must not exceed five times the ordinary daily food ration.
Based on requirements of ensuring the health of persons held in custody or temporary detention, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations.
2. During the period of custody, a person held in custody may receive gifts from his/her relatives no more than once; if his/her period of custody is extended, for each extension, he/she may additionally receive gifts for one more time. A person held in temporary detention may receive gifts from his/her relatives at most three times a month. The quantity of food and drink received at a time must not exceed three times the ordinary daily food ration. Heads of detention facilities shall organize the receipt and examination of gifts, take out banned items, then hand over gifts to persons held in custody or temporary detention; inspect, prevent and stop acts of appropriating gifts of persons held in custody or temporary detention. The Minister of Public Security and the Ministry of National Defense shall specify types of gifts that relatives may send to persons held in custody or temporary detention.
3. Persons held in custody or temporary detention shall be provided with safe food and water. Detention facilities shall organize kitchens and be supplied with necessary utensils to preserve food, foodstuff and drinking water and cook and divide food in rations.
4. The minimum floor space per person held in custody or temporary detention must be two square meters (m2) with mat.
Article 28.Clothing regimes and personal articles of persons held in custody or temporary detention
1. During the period of custody or temporary detention, persons held in custody or temporary detention may use clothes, blankets, mats, mosquito nets and other necessary articles for personal use; if they lack any of these articles, the detention facility shall lend. Persons held in custody or temporary detention shall be provided with soap and toothpaste; women shall be additionally provided with items necessary for personal hygiene.
Officers directly managing incarnation shall instruct persons held in custody or temporary detention to maintain and ensure sanitation; recollect lent articles when a person held in custody or temporary detention leaves the detention facility.
2. The Government shall detail this Article.
Article 29.The regime of sending and receipt of letters, books, newspapers and documents for persons held in custody or temporary detention
A person held in custody or temporary detention may send or receive letters, books, newspapers and documents with the permission of the case-settling agency. Letters, books, newspapers and documents must be open and subject to examination and censorship by detention facilities.
Article 30.The regime of medical care for persons held in custody or temporary detention
1. A person held in custody or temporary detention is entitled to medical examination and treatment and epidemic prevention and control. In case of being ill or injured, he/she shall be examined and treated at the infirmary of the detention facility. If his/her serious illness or injury exceeds the detention facility’s capacity, he/she shall be referred to a district- or provincial-level health establishment, military hospital or central hospital for examination and treatment. The detention facility shall notify his/her relatives or lawful representative for joint care and treatment. His/her food regime and medicines for health improvement shall be prescribed by the health establishment. A person held in custody or temporary detention may receive medicines from his/her relatives under physician’s prescriptions, which shall be examined by the detention facility.
2. For a person held in custody or temporary detention who shows signs of mental disease or another disease that deprives him/her of the perception or act control capacity, the detention facility shall request the case-settling agency to solicit forensic psychiatric examination. When a competent agency issues a decision to apply compulsory treatment, the case-settling agency shall coordinate with the detention facility in sending such person to the health establishment stated in the decision.
3. Medical care and epidemic prevention and control expenses for a person held in custody or temporary detention shall be covered by the state budget according to the Government’s regulations. In case a person held in custody or temporary detention is covered by health insurance, he/she shall be entitled to medical care in accordance with the law on health insurance.
Article 31.The regime of spiritual activities for persons held in custody or temporary detention
Detention facilities shall be equipped with radio broadcasting systems. An average of twenty persons held in custody and/or temporary detention or a detention facility with under twenty persons held in custody and/or temporary detention shall be provided with a local or central newspaper. Heads of detention facilities shall arrange for such persons to listen to radio broadcasts and read newspapers. If conditions permit, they shall arrange for these persons to watch local or central television programs.
Chapter V
REGIMES FOR UNDER-18 PERSONS AND WOMEN WHO ARE PREGNANT OR NURSING UNDER-36-MONTH CHILDREN HELD IN CUSTODY OR TEMPORARY DETENTION
Article 32.Scope of application
The custody and temporary detention of under-18 persons and women who are pregnant or nursing under-36-month children must comply with this Chapter and other provisions of this Law.
When a person held in custody or temporary detention reaches full 18 years or the child of a woman held in custody or temporary detention reaches full 36 months, they shall be applied with the general regime of custody and temporary detention.
Article 33.Meal, accommodation and management regimes for under-18 persons held in custody or temporary detention
1. Under-18 persons held in custody or temporary detention shall be provided with food rations like adult persons held in custody or temporary detention and additional meat and fish which must not exceed 20 percent of the ration.
2. Under-18 persons held in custody or temporary detention shall be separately incarcerated, except the case specified in Clause 3, Article 18 of this Law.
Article 34.Relative and defense counsel meeting and consular access regimes for under-18 persons held in custody or temporary detention
Under-18 persons held in custody or temporary detention may meet their relatives and defense counsels and have consular access in accordance with Article 22 of this Law with the number of visits doubling that of persons aged full 18 years or older.
Article 35.Meal, accommodation and management regimes for women who are pregnant or nursing under-36-month children held in custody or temporary detention
1. Pregnant women held in custody or temporary detention shall be arranged with appropriate accommodation, receive prenatal check-ups and an adequate meal regime; when giving birth to a child, they shall be provided with food rations under the guidance of physicians or doctors, food, articles and medicines necessary for raising the newborn and time to breastfeed the baby during the breastfeeding period. The detention facility shall carry out birth registration procedures. The commune-level People’s Committee of the place where the detention facility is located shall register the births and grant birth certificates.
A pregnant woman or a woman with an under-36-month child held in custody or temporary detention shall be arranged with the minimum floor space of three square meters (m2).
2.Detention facilities shall organize care for and raising of under-36-month children. A person held in custody or temporary detention with a child aged full 36 months or older shall send her child to her relatives for raising; if such person has no relative, the head of the detention facility shall propose the provincial-level Department of Labor, War Invalids and Social Affairs of the place where the detention facility is located to designate a social protection establishment to receive and bring up the child. Within two working days after receiving the proposal, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social protection establishment to receive and raise the child. The person held in custody or temporary detention shall, immediately after being released, receive her child from the social protection establishment.
3. The Government shall prescribe in detail caring and raising regimes for under-36-month children at detention facilities.
Chapter VI
REGIMES FOR PEOPLE SENTENCED TO DEATH UNDER TEMPORARY DETENTION
Article 36.Scope of application
The regimes for persons who are sentenced to death under temporary detention must comply with this Chapter and other provisions of this Law.
Article 37.Meal, accommodation and detention management regimes for persons sentenced to death
1. Persons who are sentenced to death under temporary detention shall be entitled to meal, clothing, daily-life, medical care, receipt of gifts, and letter, book, newspaper and document receipt and sending regimes like other persons held in temporary detention.
2. Visits to persons awaiting execution of their death sentences which have become legally effective shall be decided by wardens of temporary detention camps; for persons sentenced to death but their death sentences have not yet become legally effective, the visits must comply with Article 22 of this Law. Such visits must ensure absolute safety.
3. Detention facilities shall ensure that persons sentenced to death can exercise their rights to appeal, request review according to cassation or reopening procedures and make petitions for commutation of their death penalties in accordance with the Criminal Procedure Code, and other rights of persons held in temporary detention as prescribed in this Law.
4. In case there is a decision on commutation to life imprisonment or a judgment on commutation to life or termed imprisonment for a person sentenced to death, the head of the detention facility shall transfer such person to the place where persons awaiting to serve their imprisonment sentences are incarcerated. In case a judgment is cancelled for re-investigation, the head of the detention facility shall transfer the person sentenced to death to a temporary detention room to serve investigation activities.
5. Detention facilities shall return deposited money, property and personal articles of executed persons to their relatives or authorized persons.
6. Temporary detention camps shall arrange separate rooms or areas for incarcerating persons sentenced to death. In the course of managing the temporary detention of such persons, if finding that they show signs of escape, committing suicide or other dangerous acts, the head of the detention facility shall decide to put leg irons on one of their legs and organize the monitoring, management and prevention.
7. The Minister of Public Security and the Minister of National Defense shall detail Clauses 2 and 6 of this Article.
Chapter VII
ENSURING CONDITIONS FOR CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Article 38.Ensuring payroll, human resources, physical foundations and funding for custody and temporary detention management and enforcement
1. The State shall ensure payroll and human resources for custody and temporary detention management and enforcement agencies. Persons managing and enforcing custody and temporary detention shall be provided with professional and legal training and refresher training suitable to their assigned tasks and powers.
2. The State shall ensure physical foundations for custody and temporary detention management and enforcement activities, including land, working offices, detention and auxiliary works, equipment, weapons, supporting tools, vehicles, information and communications equipment, professional techniques and other physical and technical conditions. The State shall give priority to ensuring physical foundations for detention facilities in remote areas, deep-lying areas, mountainous areas, areas with extreme socio-economic difficulties, and important areas of national security and social order and safety.
3. The State shall ensure funding for the implementation of custody and temporary detention regimes. The estimation, use and settlement of funding for custody and temporary detention management and enforcement activities must comply with the Law on the State Budget.
Article 39.Use of weapons, professional technical equipment and supporting tools
Officers, non-commissioned officers, professional army men, people’s police and people’s army soldiers and men may use weapons, professional technical equipment and supporting tools when performing the duties of custody and temporary detention enforcement.
Article 40.Database on custody and temporary detention enforcement
1. The database on custody and temporary detention enforcement shall be uniformly managed by the Ministry of Public Security and constitute part of the national database on crime prevention and control information to serve the state management of custody and temporary detention enforcement.
2. The development, collection, archival, processing, protection, exploitation and use of the database on custody and temporary detention enforcement shall be prescribed by the Government.
Article 41.Regimes and policies for agencies, organizations and individuals in custody and temporary detention management and enforcement
1. Officers, non-commissioned officers, professional army men, people’s police and people’s army soldiers and men performing the duties of managing and enforcing custody and temporary detention are entitled to preferential treatment regimes and policies in accordance with law.
2. Agencies, organizations and individuals involved in custody and temporary detention management and enforcement shall be commended for their achievements; if suffering loss of life, loss of or damage to health or property, they shall be provided with regimes and policies in accordance with law.
Chapter VIII
SUPERVISION OF CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Article 42.Duties and powers of people’s procuracies in supervising custody and temporary detention management and enforcement
1. The people’s procuracies shall supervise the observance of law by agencies and persons competent to manage and enforce custody and temporary detention.
2. When supervising custody and temporary management and enforcement, the people’s procuracies have the following tasks and powers:
a/ To supervise temporary detention camps, custody houses and custody rooms; to question persons held in custody or temporary detention about custody or temporary detention;
b/ To supervise custody and temporary detention dossiers;
c/ To request heads of custody houses, wardens of temporary detention camps and heads of custody rooms of border guard stations to self-examine the custody and temporary detention and inform the results to the people’s procuracies; to provide dossiers and documents relating to custody and temporary detention enforcement; to inform the situation of custody and temporary detention enforcement; to give answers regarding illegal decisions, measures or acts in custody and temporary detention.
d/ To decide to immediately release persons who are held in custody and temporary detention without grounds and illegally;
dd/ To make protests, proposals and requests concerning custody and temporary detention to competent agencies and persons; to suspend the implementation of, modify or annul, illegal decisions concerning custody and temporary detention management and enforcement, and stop illegal acts and request the handling of violators;
e/ To initiate or request investigation agencies to initiate criminal cases when detecting cases with criminal signs in custody and temporary detention management and enforcement in accordance with law;
g/ To settle complaints and denunciations and perform other tasks and powers in supervising custody and temporary detention management and enforcement in accordance with this Law, the Law on Organization of People’s Procuracies and the Criminal Procedure Code.
Article 43.Responsibilities for implementing requests, proposals, protests and decisions of people’s procuracies concerning custody and temporary detention management and enforcement
Heads of custody houses, wardens of temporary detention camps and heads of custody rooms of border guard stations shall implement the following requests, proposals, protests and decisions of the people’s procuracies concerning custody and temporary management and enforcement:
1. The request to provide dossiers and documents relating to custody and temporary detention management and enforcement, which shall be implemented immediately; the request to inform the situation of custody and temporary detention, the request to answer to illegal decisions, measures or acts in custody and temporary detention, which shall be implemented within 15 days; the request to self-examine custody and temporary detention and inform the results to the people’s procuracy, which shall be implemented within 30 days, after being received;
2. The decision specified at Point d, Clause 2, Article 42 of this Law, which shall be implemented immediately; if disagreeing with such decision, they shall implement it but may complain to a competent superior people’s procuracy. Within 10 days after receiving the complaint, the procurator general of the superior people’s procuracy shall settle it;
3. The protest specified at Point dd, Clause 2, Article 42 of this Law, which shall be settled within 15 days after being received the protest; if disagreeing with it, they may complain to a competent superior people’s procuracy. The superior people’s procuracy shall settle the complaint within 15 days after receiving it; the decision of the superior people’s procuracy is legally effective;
4. The proposal specified at Point dd, Clause 2, Article 42 of this Law, which shall be considered, settled and answered to the people’s procuracy within 30 days after being received.
Chapter IX
COMPLAINTS AND DENUNCIATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS CONCERNING CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Section 1
COMPLAINTS AND SETTLEMENT OF COMPLAINTS CONCERNING CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Article 44.Complaints about custody and temporary management and enforcement
1. Persons held in custody or temporary detention and other related agencies, organizations and individuals may complain about decisions and acts of agencies and persons competent to manage and enforce custody and temporary detention if they have grounds to believe that such decisions or acts contravene the law and infringe upon their lawful rights and interests.
2. The statute of limitations for first-time complaint is 30 days after complainants receive or know about decisions and acts in custody and temporary detention management and enforcement which they deem illegal.
If because of illness, natural disaster, working or studying in distant places or other objective obstacles, the complainant cannot exercise his/her right to complain within the prescribed statute of limitations, the period when such obstacles exist shall not be included in the statute of limitations for complaint.
The statute of limitations for second-time complaint is 15 days after receiving the decision to settle complaints from competent persons.
Article 45.Cases in which complaints about custody and temporary detention management and enforcement shall not be accepted for settlement
1. Decisions and acts which are complained about are not directly related to lawful rights and interests of the complainant.
2. The complainant has no full civil act capacity and no lawful representative, except complainants who are being held in custody or temporary detention.
3. The representative has no paper proving his/her lawful representation.
4. The statute of limitations for complaint has expired.
5. The complaint has been settled with a legally effective decision.
Article 46.Competence to settle complaints about custody and temporary management and enforcement
1. Procurators general of district-level people’s procuracies, provincial-level people’s procuracies, regional military procuracies, military procuracies of military zones or equivalent level shall settle complaints about competent agencies and persons’ illegal decisions and acts in custody and temporary detention management and enforcement within their respective supervision responsibilities.
Procurators general of superior people’s procuracies have competence to settle complaints about the complaint settlement by procurators general of their subordinate people’s procuracies; decisions on complaint settlement issued by procurators general of superior people’s procuracies are legally effective.
2. Agencies and persons competent to manage and enforce custody and temporary detention shall transfer the complaints of persons held in custody or temporary detention specified in Article 44 of this Law to the people’s procuracies within 24 hours after receiving them.
Article 47. Rights and obligations of complainants about custody and temporary management and enforcement
1. A complainant has the following rights:
a/ To complain in person or through a lawful representative;
A complainant may present his/her complaint in person or send a written complaint through a competent agency or person about custody and temporary detention management and enforcement;
b/ To withdraw his/her complaint at any stage of the process of settling complaints;
c/ To receive the complaint settlement decision;
d/ To file further complaints in case of disagreeing with the first-time complaint settlement decision;
dd/ To have his/her infringed lawful rights or interests restored and receive compensation for damage in accordance with law.
2. A complainant has the following obligations:
a/ To give truthful statements, provide information and documents to the person settling the complaint; to take responsibility before law for the contents of their statements and provided information and documents;
b/ To comply with the legally effective complaint settlement decision.
Article 48.Rights and obligations of persons complained about custody and temporary management and enforcement
1. A complained person has the following rights:
a/ To produce evidence of the lawfulness of his/her decision or act in custody and temporary management and enforcement;
b/To receive the complaint settlement decision concerning his/her decision or act in custody and temporary management and enforcement.
2. A complained person has the following obligations:
a/ To explain his/her decision or act in custody and temporary detention management and enforcement which is complained about; to provide relevant information or documents when so requested by competent agencies, or persons;
b/ To comply with the legally effective complaint settlement decision.
Article 49.Tasks and powers of people’s procuracies when settling complaints about custody and temporary management and enforcement
1. To receive and settle complaints about decisions or acts.
2. To request the complainant and complained person to explain and provide information or documents relating to the complaint.
3. To notify in writing the acceptance of the complaint for settlement and send the complaint settlement decision to the complainant and complained person.
4. To take responsibility before law for their complaint settlement.
Article 50.Time limit for complaint settlement and sending of decisions on settlement of complaints about custody and temporary management and enforcement
1. The time limit for settlement of first-time complaints about custody management and enforcement is two days or about temporary detention management and enforcement is five days after the complaint is accepted.
2. The time limit for settlement of second-time complaints about custody management and enforcement is three days or about temporary detention management and enforcement is ten days after the complaint is accepted.
3. When necessary, for a complicated case, the time limit for complaint settlement may be prolonged but must not exceed 5 days if the complaint is about custody management and enforcement or 20 days if the complaint is about temporary detention management and enforcement, after it expires.
4. Within 24 hours after issuing a complaint settlement decision, the issuer shall send the decision to the complainant and complained person.
Article 51.Dossiers for settlement of complaints about custody and temporary management and enforcement
1. A dossier for complaint settlement must comprise:
a/ The written complaint or document recording the contents of complaint;
b/ The complained person’s written explanation;
c/ The minutes of verification and conclusion;
d/ The complaint settlement decision;
dd/ Other related documents.
2. A complaint settlement dossier must have numbered pages and shall be archived at the complaint-settling agency.
Article 52.Order of settlement of first-time complaints about custody and temporary management and enforcement
1. After accepting a complaint, the people’s procuracy competent to settle first-time complaints shall verify and request the complainant and complained person to explain and provide information and documents relating to the complaint; work with related agencies, organizations and individuals to clarify the complaint contents and issue the first-time complaint settlement decision.
2. The first-time complaint settlement decision takes effect if the complainant makes no further complaint within the statute of limitations prescribed by this Law.
Article 53.Contents of first-time complaint settlement decisions concerning custody and temporary management and enforcement
The first-time complaint settlement decision must contain the following details:
1. Name of the issuing agency and date of issuance;
2. Full names and addresses of the complainant and complained person;
3. Complaint contents;
4. Result of the verification of the complaint contents;
5. Legal bases for the complaint settlement;
6. Conclusion that the complaint is correct, partly correct or wrong;
7. Upholding, cancellation or request for modification or cancelation of part of, the decision which is complained about or compelled termination of the implementation of the decision or act which is complained about;
8. Payment of compensation for damage, remediation of the consequences caused by the illegal decision or act;
9. Instructions for the involved party’s right to file further complaints.
Article 54.Order of settlement of second-time complaints about custody and temporary detention management and enforcement
1. In case of continuing to complain, the complainant shall send his/her written complaint enclosed with a copy of the first-time complaint settlement decision and related documents to the procuracy competent to settle second-time complaints.
2. In the course of complaint settlement, the procuracy competent to settle second-time complaints may request the procuracy that has settled the first-time complaint and related agencies, organizations and individuals to provide information and documents relating to complaint contents; work with the complained person and complainant when necessary; verify and apply other measures in accordance with law to settle the complaint. Agencies, organizations and individuals that receive requests shall implement them. The second-time complaint settlement decision is legally effective.
Article 55.Contents of second-time complaint settlement decisions concerning custody and temporary detention management and enforcement
The second-time complaint settlement decision must contain the following details:
1. Name of the issuing agency and date of issuance;
2. Full names and addresses of the complainant and complained person;
3. Complaint contents;
4. Result of the verification of the complaint contents;
5. Legal bases for the complaint settlement;
6. Conclusion on the complaint contents and the settlement by the person competent to settle the first-time complaint;
7. Upholding, cancellation or request for modification or cancellation of part of, the decision which is complained about or compelled termination of the implementation of the decision or act which is complained about;
8. Payment of compensation for damage, remediation of the consequences caused by illegal decision or act.
Section 2
DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS ABOUT CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Article 56.Denunciations about custody and temporary detention management and enforcement
1. Persons held in custody or temporary detention and everybody may file denunciations with competent agencies and persons about illegal acts of any persons competent to manage and enforce custody and temporary detention which cause or threaten to cause damage to the interests of the State or lawful rights and interests of agencies, organizations or individuals.
2. Agencies and persons competent to manage and enforce custody and temporary detention shall send the denunciations to the same-level procuracy within 24 hours after receiving them.
Article 57.Rights and obligations of denouncers about custody and temporary detention management and enforcement
1. A denouncer has the following rights:
a/ To send his/her written denunciation or denounce in person to a competent agency or person;
b/ To request his/her full name, address and autograph to be kept secret;
c/ To request to be informed of the result of settlement of his/her denunciation;
d/ To request competent agencies to protect him/her from intimidation or revenge.
2. A denouncer has the following obligations:
a/ To honestly present the contents of his/her denunciation;
b/ To clearly state his/her full name and address;
c/ To take responsibility before law for untruthful denunciation.
Article 58.Rights and obligations of persons denounced about custody and temporary detention management and enforcement
1. A denounced person has the following rights:
a/ To be informed of the denunciation contents;
b/To produce evidence proving that the denunciation contents are untrue;
c/ To have his/her lawful rights and interests that have been infringed upon restored; to have his/her honor and dignity restored; and to receive compensation for the damage caused by the untrue denunciation;
d/ To request competent agencies, organizations or persons to handle persons who make untruthful denunciations.
2. A denounced person has the following obligations:
a/ To explain his/her denounced act; to provide relevant information and documents when so requested by competent agencies or persons;
b/ To comply with the denunciation settlement decision by the competent agency or person;
c/ To pay compensation for damage or remedy consequences caused by his/her illegal acts.
Article 59.Dossiers for settlement of denunciations about custody and temporary detention management and enforcement
1. The settlement of a denunciation shall be recorded in a dossier. A denunciation settlement dossier must comprise:
a/ The written denunciation or document recording the denunciation contents;
b/ The decision on acceptance of the denunciation for settlement;
c/ The minutes of verification, expert assessment results, information, documents and evidence collected in the course of settlement;
d/ The written explanation of the denounced person;
dd/ The report on results of verification of the denunciation contents in case the person settling the denunciation assigns other persons to verify;
e/ Conclusion on the denunciation contents;
g/ The denunciation settlement decision;
h/ Other relevant documents.
2. A denunciation settlement dossier must have numbered pages by order of the documents. Denunciation settlement dossiers shall be kept, exploited and used in accordance with law, ensuring confidentiality of information on denouncers.
Article 60.Competence, procedures and time limit for settlement of denunciations
1. The competence and procedures for settlement of denunciations by people’s procuracies must comply with Clause 4, Article 23, and Article 29, of the Law on Organization of People’s Procuracies.
2. The time limit for settlement of a denunciation is 60 days after it is accepted; for a complicated case, this time limit may be prolonged but must not exceed 90 days.
3. Denunciations about illegal acts with criminal signs shall be settled in accordance with the Criminal Procedures Code.
Article 61.Responsibilities of persons competent to settle denunciations
1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and promptly and lawfully settle denunciations; strictly handle violators; apply necessary measures to prevent possible damage; ensure strict execution of denunciation settlement decisions; and take responsibility before law for their decisions.
2. Those who are competent to settle denunciations but fail to settle them, show irresponsibility in settling them or settle them in contravention of law shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability and, if causing damage, pay compensation in accordance with law.
Chapter X
RESPONSIBILITIES IN CUSTODY AND TEMPORARY DETENTION MANAGEMENT AND ENFORCEMENT
Article 62.Responsibilities of the Government
1. To perform the uniform state management of custody and temporary detention enforcement nationwide.
2. To direct governmental agencies and provincial-level People’s Committees in custody and temporary detention management and enforcement
3. To coordinate with the Supreme People’s Court or the Supreme People’s Procuracy in custody and temporary detention enforcement.
4. To annually report on custody and temporary detention management and enforcement work to the National Assembly.
Article 63.Responsibilities of the Ministry of Public Security
The Ministry of Public Security shall assist the Government in the state management of custody and temporary detention enforcement and shall:
1. Promulgate according to its competence or submit to competent agencies for promulgation legal documents on custody and temporary detention enforcement; organize the implementation of the law on enforcement of custody and temporary detention;
2. Provide professional direction and guidance for the uniform application of the law on enforcement of custody and temporary detention;
3. Suspend or annul according to its competence or propose to competent authorities the annulment of, regulations on enforcement of custody and temporary detention that are contrary to this Law;
4. Decide to allocate funding and ensure conditions for custody and temporary detention management and enforcement activities;
5. Issue forms, papers and books on custody and temporary detention management and enforcement;
6. Develop and manage the database on custody and temporary detention enforcement;
7. Make state statistics on custody and temporary detention enforcement; report on custody and temporary detention management and enforcement to the Government;
8. Perform examination, inspection and commendation work and handle violations in custody and temporary detention management and enforcement;
9. Manage the organizational system, payroll and human resources; provide professional training in custody and temporary detention management and enforcement;
10. Review and conduct scientific research on custody and temporary detention management and enforcement;
11. Conduct international cooperation on custody and temporary detention management and enforcement.
Article 64.Responsibilities of the Ministry of National Defense
1. To promulgate according to its competence legal documents on custody and temporary detention enforcement; to organize the implementation of the law on enforcement of custody and temporary detention in the People’s Army.
2. To provide professional direction and guidance for the uniform application of the law on enforcement of custody and temporary detention in the People’s Army.
3. To suspend or annul according to its competence or propose to competent authorities the annulment of regulations on enforcement of custody and temporary detention which are contrary to this Law.
4. To decide to allocate funding and ensure conditions for custody and temporary detention management and enforcement activities in the People’s Army; to direct health establishments in the People’s Army to arrange separate areas and rooms for medical examination and treatment of persons held in custody or temporary detention.
5. To issue forms, papers and books on custody and temporary detention management and enforcement in the People’s Army.
6. To make statistics on custody and temporary detention enforcement in the People’s Army; to coordinate with the Ministry of Public Security in building the database on custody and temporary detention enforcement.
7. To perform examination, inspection and commendation work and handle violations in custody and temporary detention management and enforcement in the People’s Army in accordance with law.
8. To manage the organizational system, payroll and human resources; to provide professional training in custody and temporary detention management and enforcement in the People’s Army.
9. To review and conduct scientific research on custody and temporary detention management and enforcement in the People’s Army.
Article 65.Responsibilities of the Supreme People’s Procuracy
1. To coordinate with the Ministry of Public Security, the Ministry of National Defense and other related agencies in guiding the implementation of the law on enforcement of custody and temporary detention.
2. To supervise and direct the procuracies at all levels to supervise the custody and temporary detention management and enforcement and settle complaints and denunciations in accordance with this Law and other relevant laws.
3. To implement the statistical regime and report on custody and temporary detention enforcement in accordance with law.
Article 66.Responsibilities of the Supreme People’s Court
1. To coordinate with the Ministry of Public Security, the Ministry of Defense and other concerned agencies in guiding the implementation of the law on enforcement of custody and temporary detention.
2. To implement the statistical regime and report on custody and temporary detention enforcement in accordance with law.
Article 67.Responsibilities of the Ministry of Health
To direct provincial- and district-level health establishments to build or arrange separate areas and rooms for medical examination and treatment of persons held in custody or temporary detention; and health establishments and agencies to guide and assist in epidemic control and prevention and medical examination and treatment for persons held in custody or temporary detention at incarceration facilities.
Article 68.Responsibility of the Ministry of Labor, War Invalids and Social Affairs
To direct provincial-level Departments of Labor, War Invalids and Social Affairs and social protection establishments to receive, care for and raise children of persons who are held in custody or temporary detention and have no relatives to care for and raise their children in accordance of this Law and other relevant laws.
Article 69.Responsibilities of the Ministry of Finance
To coordinate with the Ministry of Public Security and the Ministry of Defense in estimating funding to ensure conditions for custody and temporary detention management and enforcement activities.
Article 70.Responsibility of the Ministry of Planning and Investment
To coordinate with the Ministry of Public Security and the Ministry of National Defense in drawing up plans to equip vehicles and physical and technical foundations to ensure the implementation of this Law.
Article 71.Responsibilities of provincial-level People’s Committees
To allocate land, provide funding from local budgets, facilitate the construction and management of incarceration facilities in their localities and direct local state agencies to coordinate with one another in ensuring security and safety for incarceration facilities.
Chapter XI
IMPLEMENTATION PROVISIONS
Article 72.Effect
This Law takes effect on July 1, 2016.
Article 73.Detailing provision
The Government and competent agencies shall detail the articles and clauses in this Law as assigned.
This Law was passed on November 25, 2015, by the XIIIthNational Assembly of the Socialist Republic of Vietnam at its 10thsession.-
Chairman of the National Assembly
NGUYEN SINH HUNG
Vietnamese
Law 94/2015/QH13 DOC (Word)
Law 94/2015/QH13 PDF (Original)
