Luật thi hành tạm giữ tạm giam tiếng Anh: Law on temporary detention or custody

Tải về Luật thi hành tạm giữ tạm giam tiếng Anh: TẠI ĐÂY

NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Law No: 94/2015/QH13
Hanoi, 25 November 2015
tam giu tam giamLAW
ON TEMPORARY DETENTION AND CUSTODY
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly issues the Law on temporary detention or custody;
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for the principles, order and procedures for temporary detention or custody; organization, duties and power of the body managing and executing the temporary detention or custody; rights and obligations of persons in temporary detention or custody; responsibility of bodies, organizations and individuals related to the execution of temporary detention or custody.
Article 2. Subjects of application
1. The persons in temporary detention or custody.
2. Bodies and persons having the authority to manage and execute the temporary detention or custody.
3. Investigation bodies and bodies assigned tasks to conduct some investigation activities.
4. People's Procuracy
5. People's Court
6. Relevant bodies, organizations and individuals.
Article 3. Interpretation of terms
In this Law, the below terms are construed as follows:
1. Person in temporary detention is the person who is being manageled at the detention facility within the duration of temporary detention and extension of temporary detention under the provisions of the Criminal Procedure Code.
2. Person in temporary custody is the person who is being manageled at the detention facility within the duration of temporary custody and extension of temporary custody under the provisions of the Criminal Procedure Code, including the accused, defendant; persons sentenced to imprisonment, sentenced to death but the judgment has no legal effect or pending judgement enforcement; persons in temporary custody for extradition.
3. Regulation on temporary detention or custody is the regulation on management and custody of persons held in temporary custody and detention and regulation on diet accommodation, clothes, personal belongings, sending and receipt of letters, gifts, books, newspapers and materials, meeting of relatives, advocate, consular contact of the persons held in temporary detention or custody.
4. Custody and detention facility is the place where the custody and detention of persons held in temporary detention or custody are manageled including the custody center and detention center and detention cell of border post.
5. Extraction means to take the persons held in temporary detention or custody out of the custody center within a definite time by the order or decision of the competent body or person to conduct the criminal proceedings, checkup, treatment, meeting, consular contact and exercise of other prescribed rights and obligations.
6. Personal information form means the brief information about the résumé, identity, photo of three positions, fingerprint of index finger of the person held in temporary detention or custody and is made and kept by the competent authority.
7. Fingerprint information form means the brief information about the résumé and fingerprint of all fingers of the person held in temporary detention or custody and is made and kept by the competent authority.
8. Relative of the person held in temporary detention or custody is the person having the parental and maternal relation; is the natural parents, adoptive parents, spouse’s husband, spouse, siblings, natural child, adopted child, son-in-law, daughter-in-law, parental and maternal grandparents of the person held in temporary detention or custody;
Article 4. Principles of manage and execution of temporary detention or custody
1. Comply with the Constitution and the law; ensure the human rights and interests of the State, the legitimate rights and interests of organizations and individuals.
2. Ensure strict compliance with order and decision on temporary detention or custody and release of the competent body or person.
3. Ensure the humanity, no torture, coercion, corporal punishment or any other form of treatment that infringes the legitimate rights and interests of the person held in temporary detention or custody.
4. Ensure the exercise of human rights, citizen’s rights and obligations of the person held in temporary detention or custody if not being restricted by this Law or other relevant laws.
5. Application of measures of manage and custody must be based on the nature and seriousness of offense, age, sex, health; ensure gender equality, rights and legitimate interests of women, children and other personal characteristics of the persons held in temporary detention or custody.
Article 5. Coordination responsibility of bodies, organizations and individuals in management
The bodies, organizations and individuals within their duties and power must coordinate and comply with the requirements of the competent authorities as stipulated by this Law in management and execution of temporary detention or custody.
Article 6. Control and supervision of management and execution of temporary detention or custody.
The People’s Procuracy controls and supervises the compliance with law of relevant bodies, organizations and individuals in management and execution of temporary detention or custody in accordance with the provisions of this Law, the Law on organization of People’s Procuracy and the Criminal Procedure Code
Article 7. Supervision of execution of temporary detention or custody
The National Assembly, the People's Councils, the Vietnam Fatherland Front shall supervise the activties of the bodies managing and executing the temporary detention or custody and other bodies, organizations and individuals related to the temporary detention or custody in accordance with regulations of law.
Article 8. Prohibited acts
1. Execute the torture, coercion, corporal punishment and the forms of brutal and inhumane treatment and punishment, and human humiliation or any other form of infringement of the legitimate rights and interests of persons held in temporary detention or custody.
2. Fail to obey the order or decision of the bodies or persons having the authority in temporary detention, custody and release.
3. Illegally detain or release the persons in temporary detention or custody; commit violation in managing, guarding and escorting the persons held in temporary detention or custody.
4. Hinder the persons held in temporary detention or custody to exercise their rights of relative visitation, counsel, legal assistance, consular contact, complaint, denunciation, human rights and other rights and obligations of citizens in accordance with this Law and other relevant laws.
5. Destroy the detention center, damage or intentionally damage the assets of detention center; organize the escape or escape from detention center or escape while being escorted; rescue the persons held in temporary detention or custody.
6. Fail to comply with the rules of detention center, regulations on custody management, decision or requirement of body or person having the authority to manage and execute the temporary detention or custody.
7. Exercise or organize, excite, incite, entice, seduce, assist, hide or force others to commit law violation on enforcement of temporary detention or custody; take revenge, infringe life, health, honor, dignity or assets of other persons in exercising the temporary detention or custody.
Article 9. Rights and obligations of persons held in temporary detention or custody
1. The persons held in temporary detention or custody have the following rights:
a) Their life, body and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;
b) They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies and referendum rights in accordance with the Law on referendum.
c) Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;
d) They can meet their relatives, advocate or make consular contact;
dd) Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;
e) Meet with legal representative to carry out civil transactions;
g) Require to be released upon the end of temporary detention or custody period.
h) Make complaint, denunciation of acts of law violation;
i) Receive compensation in accordance with the provisions of Law on compensation liability of the State in case of illegal detention or custody;
k) Be entitled to other rights of citizens if not being restricted by this Law or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.
2. The persons held in temporary detention or custody have the following obligations:
a) Comply with decisions, requirements and instructions of the body and person having the authority to manage and exercise the temporary detention or custody.
b) Comply with the rules of detention center, the provisions of this Law and other relevant laws.
Chapter II
ORGANIZATION SYSTEM, DUTY AND POWER OF BODY MANAGING AND EXERCISING THE TEMPORARY AND CUSTODY DETENTION
Article 10. Organization system of body managing and exercising the temporary and custody detention
1. The bodies managing the temporary detention or custody in the people’s Public Security include:
a) The body managing the enforcement of criminal judgement and judicial assistance under the Ministry of Public Security shall manage the temporary detention or custody nationwide (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Public Security).
b) The body enforcing the criminal judgement of Public Security of provinces and centrally-run cities shall manage the temporary detention or custody within the provinces and centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at provincial level).
c) The body enforcing the criminal judgement of Public Security of districts, towns, provincial cities and cities under the centrally-run cities shall manage the temporary detention or custody within the districts, towns, provincial cities and cities under the centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at district level).
2. The bodies managing the temporary detention or custody in the people’s Army include:
a) The body managing the exercise of criminal judgement under the Ministry of Defense shall manage the temporary detention or custody (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Defense).
b) The bodies enforcing the criminal judgement of military zone and the equivalent shall manage the temporary detention or custody of the detention and custody centers of the areas under their management.
c) The Command of Border Guard at provincial level shall manage the temporary detention of detention cells of border posts.
Article 11. Organization system of bodies execising the temporary detention or custody
1. The bodies execising the temporary detention or custody include:
a) Detention center under the Ministry of Public Security;
b) Detention center under the Ministry of Defense;
c) Detention center of Public Security at provincial level and under the military zone and the equivalent (referred to as the detention center at military zone level);
d) Detention center of Public Security at district level and of criminal investigation Body in the people’s Army;
dd) Detention cells of boder posts in the island and border far away from district administrative center.
2. The Minister of Public Security shall decide the establishment, dissolution, size and design of detention facilities; issue rules of detention facilities in the people’s Public Security.
The Minister of Defense shall decide the establishment, dissolution, size and design of detention facilities; issue rules of detention facilities in the people’s Army.
Article 12. Duties and power of bodies managing the temporary detention or custody
1. Duties and power of bodies managing the temporary detention or custody under the Ministry of Defense:
a) Assist the Minister of Public Security and Minister of Defense to perform the duties and power specified in Article 63 and 64 of this Law;
b) Implement the law on temporary detention or custody;
c) Give professional direction and provide instructions on uniform application of law on temporary detention or custody;
d) Decide the transfer of persons held in temporary detention or custody between the detention centers;
dd) Perform the inspection and examination on temporary detention or custody under their authority;
e) Thực hiện chế độ thống kê, báo cáo về thi hành tạm giữ, tạm giam;
Implement the regulations on statistics and report on exercise of temporary detention or custody;
g) Summarize the activities of temporary detention or custody;
h) Perform other duties and power assigned by the Minister of Public Security and Minister of Defense.
2. Duties and power of bodies managing the temporary detention or custody at provincial and military zone level:
a) Assist the Director of Public Security at provincial level and military zone to manage the activities of temporary detention or custody in the area;
b) Implement the law on temporary detention or custody;
c) Give professional direction and inspect the activities of temporary detention or custody of detention centers and custody centers;
d) Decide the transfer of persons held in temporary detention or custody between the detention centers within province or military zone;
dd) Perform the inspection and examination on temporary detention or custody under their authority;
e) Summarize the activities of temporary detention or custody and perform the regulations on statistics and report on exercise of temporary detention or custody as guided by the bodies managing the temporary detention or custody under the Ministry of Public Security and the Ministry of Defense;
3. Duties and power of bodies managing the temporary detention or custody under the public security of district level and the criminal investigation bodies of area in the people’s Army:
a) Assist the Police Chief at district level and the Head of criminal investigation bodies of area to manage the activities of temporary detention or custody in the area;
b) Give professional directions and inspect the activities of temporary detention or custody of detention centers;
c) Summarize the activities of temporary detention or custody and perform the regulations on statistics and report as guided by the superior bodies managing the temporary detention;
d) Directly manage the detention centers under the district level Public Security and the criminal investigation bodies of area in the people’s Army.
4. Duties and power of the Command of provincial level Border Guard:
a) Give professional direction and inspect the activities of temporary detention of detention cells of border posts;
b) Summarize the activities of temporary detention and perform the regulations on statistics and report.
Article 13. Duties and power of detention centers and custody centers
1. The detention centers and custody centers have the following duties and powers:
a) Receive, prepare dossiers, personal information form and fingerprint information form of the persons held in temporary custody by the order and decision of the competent persons specified in the Criminal Procedure Code or the person having the transfer decision as stipulated by this Law.
b) Take measures to manage the persons held in temporary detention or custody;
c) Take measures to protect the life, body, properties and to respect the honor and dignity of persons held in temporary detention or custody;
d) Ensure the persons held in temporary detention or custody exercise their rights and obligations as stipulated by this Law and the relevant laws; handle the proposals under their authority or transfer the appeals, complaints, denunciations, requests and proposals of the persons held in temporary detention or custody to the competent authorities for settlement;
dd) Hand over the persons held in temporary detention or custody by the order of extraction or transfer decision of the competent persons.
e) Report to the competent authorites when there are the grounds that the decisions on temporary detention, custody or release are illegal;
g) Coordinate with the relevant bodies, organizations and individuals in investigation, adjudication and judgement enforcement;
h) Inform in writing to the body which is handling the case 01 day before the expiration of duration of temporary detention or extension of detention, 05 days before the expiration of temporary custody, 10 days before the expiration of extension of temporary custody duration and request the settlement from the body which is handling the case in accordance with the regulations of law; where the duration of temporary detention or custody is over but the body which is handling the case does not settle it, request the People’s Procuracy having the authority to control and supervise the management and execution of temporary detention or custody for settlement.
i) Release the persons held in temporary detention or custody under the decision of competent authority or person;
l) Do statistics and report on temporary detention or custody.
2. For the detention centers and custody centers of district public security, in addition to the duties and power specified in Clause 1 of this Article, they also have the duties and power to receive and manage the detention, custody, education and reform towards prisoners and perform other duties and powers in accordance with regulations of law on enforcement of criminal judgement.
3. The head of detention centers and Superintendent of custody centers have the following duties and powers:
a) Perform duties and power of detention centers and custody centers specified in Clause 1 and 2 of this Article;
b) Decide the classification and organize the custody towards the persons held in temporary detention or custody;
c) Decide the inspection, seizure and handling of documents and objects included in the banned list;
d) Give the extraction order for examination and treatment and for custody activity; decide the meeting with relatives, advocate or legal representative to exercise some rights and obligations presribed by law;
dd) Implement the extraction order or decision of competent authorities to the foreigners who are held in temporary detention or custody for consular contact or contact with humanitarian organizations.
e) Organize safe protection of detention centers; ensure environmental sanitation, prevention and control of natural disaster and diseases; inform the nearest medical body upon occurrence of disease for coordinated eradication of disease.
4. The Deputy Head of detention centers and Deputy Suprintendent of custody centers are responsible for assisting the Head of detention center and Suprintendent of custody center under the assignment or authorization of Head of detention center and Suprintendent of custody center and shall take responsibility within their assigned tasks.
5. The Head and Deputy Head of detention centers and the Suprintendent and Deputy Suprintendent of custody centers, the persons exercising the temporary detention or custody must take responsibility for their acts and decisions in compliance with law on enforcement of temporary detention or custody; in case of violation, depending on the nature and seriousness, they shall be disciplined or prosecuted for criminal liability.
Article 14. Structure and organization of detention center and custody centers
1. The detention center is organized as follows:
a) The detention center has detention cells, custody cells, solitary confinement, prisoner managing cells; has works in service of management of custody and criminal proceeding activities. Depending on custody scale, the detention center can have some works for living activities, healthcare and education towards the persons held in temporary detention or custody and enforcement of sentence; works of working and living activities for officers, professional servicemen, non-commissioned officers, soldiers, workers and officials working at the detention center;
b) The organization of detention center in the people’s Public Security includes the Head and the Deputy Head, officers, non-commissioned officers, soldiers, workers and officials working as educator-warden, reconnaissance, security, judicial assistance, general advice, logistics, engineering, education, health, dossier;
c) The organization of detention center of the criminal investigation body of area in the people’s Army includes the Head and Deputy Head, officers, professional servicemen, non-commissioned officers, soldiers, workers and defense officials working as educator-warden, reconnaissance, security, judicial assistance, general advice, logistics, engineering, education, health, dossier;
d) The Head and Deputy Head of detention centers must have police university degree or security university or law bachelor or higher education and ensure the other standards specified by the Government.
2. The custody center is organized as follows:
a) The custody center has custody sub-center, custody areas, custody cells, detention cells towards the persons who are waiting to abide by their imprisonment sentence, cells for persons with death sentence, solitary confinement, prisoner managing sub-center; works in service of custody management, proceedings, judgement enforcement, living, healthcare and education towards the persons held in temporary detention or custody, exercising the imprisonment, works of working and living activities for officers, professional servicemen, non-commissioned officers, soldiers, workers and officials working at the custody center;
b) The organization of custody center in the people’s Public Security includes the Suprintendent, Deputy Suprintendent, Head of sub-center, Deputy Head of sub-center, Team Leader, Deputy Team Leader, Head of medical facility, offficer, non-commissioned officers, soldiers, workers, officials and is organized into custody teams and sub-centers and prisoner managing sub-centers to carry out the duties of educator-warden, reconnaisance, security, judicial assistance, enforcement of criminal judgement, general advice, logistics, engineering, education, health, dossier;
c) The organization of custody center in the people’s Army includes the Suprintendent, Deputy Suprintendent, Political Instructor, Head and Deputy Head of sub-center, Team Leader, Deputy Team Leader, Head of medical facility, offficer, non-commissioned officers, soldiers, workers, defense officials that may be organized into teams to carry out the duties of educator-warden, reconnaisance, security, judicial assistance, enforcement of criminal judgement, general advice, logistics, engineering, education, health, dossier;
d) The Suprintendent, Deputy Suprintendent, Head and Deputy Head of sub-center, Deputy Team Leader specified under Point b and c, Clause 1 of this Article must have police university degree or security university or law bachelor or higher education and ensure the other standards specified by the Government.
3. The detention cells, custody cells in the detention centers and custody centers are designed and built solidly with locks and security control facilities and adequate lighting to ensure health of the persons held in temporary detention or custody, environmental sanitation, fire prevention and fighting safety in accordance with climate properties of each locality and requirements for custody management.
The working offices of body and persons conducting the proceedings and advocate are designed and built to ensure the safety and meet the requirements for investigation and handling of cases and defense.
Article 15. Detention cells of border posts
1. The border posts in remote areas have the authority to conduct some investigations and can organize their detention cells to manage and carry out the regulations on temporary detention towards the persons held in temporary detention under the decision of Head of border post and other competent persons in accordance with the provisions of the Criminal Procedure Code.
2. The detention cells of border posts have Heads who are under direct management of the Head of border post. The head of detention cell has duties and power in managing the persons held in temporary detention like the Head of detention center in accordance with the provisions in Clause 3, Article 13 of this Law.
Chapter III
REGULATION ON MANAGEMENT OF DETENTION AND CUSTODY
Article 16. Receiving the persons held in temporary detention or custody
When receiving the persons held in temporary detention or custody, the detention and custody centers must:
1. Check the information to identify the correct persons held in temporary detention or custody by the order and decision of the competent persons;
2. Make record of handover and receipt of persons held in temporary detention or custody and accompanying documents and dossiers; conduct health checkup, body check of persons held in temporary detention or custody and accompanying children under 36 months of age (if any). The body check shall be done by male officers if the persons held in temporary detention or custody are male and vice versa.
3. Take photos, prepare personal information form and fingerprint information form and record in the monitoring book.
4. Disseminate, provide instructions and give explaination about the rights and obligations of the persons held in temporary detention and the rules of detention and custody facility; check and handle the accompanying objects before entering the detention cells and custody cells.
Article 17. Dossier for management of temporary detention or custody
1. The dossier for management of temporary detention or custody includes:
a) The orders, decisions and records of arrest, detention, custody, extension of detention and custody, wanted notice, release, extraction, transfer, transfer from custody and approval decisions of the People’s Procuracy;
b) Record of handover and receipt of persons held in temporary detention or custody and accompanying documents and dossiers; record of handover and receipt of money and other properties of persons held in temporary detention or custody deposited or delivered to their relatives or legal representatives for management; decisions and records of destructions of objects included in the banned list.
c) The personal information form, fingerprint information form, résumé and documents of identity; documents related to the compliance with regulations on custody, discipline record and decision on breach of rules and laws on exercising the temporary detention or custody; documents of health, checkup and treatment; documents related to the implementation of rights and obligations of the persons held in temporary detention or custody during the time of custody; documents related to the transfer of appeal, complaint, denunciation, request, recommendation and proposal of the persons held in temporary detention or custody; documents of consular meeting and contact;
d) Decision of competent authority to take the persons sentenced to the place of judgement execution; decision of death sentence execution Board to take the persons with death judgement to place of execution;
dd) Other relevant documents.
2. For the persons in custody but held in detention before, the dossier of custody also includes documents of detention dossier.
3. The Minister of Public Security, Minister of Defense shall stipulate the regulation on management, storage and use of dossier of management of temporary detention or custody.
Article 18. Management classification of persons held in temporary detention or custody
1. The persons held in temporary detention or custody are arranged in areas and classified as follows:
a) Persons held in temporary detention;
b) Persons held in temporary custody;
c) Persons under 18 years of age;
d) Women;
dd) Foreigners;
e) Persons with infectious diseases of Group A;
g) Persons committing criminal acts with delinquent nature; killing; robbery subject to the type of particularly serious crime; dangerous recidivism;
h) Persons committing acts of national security infringement;
i) Persons with death sentence;
k) Persons waiting for execution of imprisonment;
l) Persons regularly breaching the rules of custody facility;
m) Persons with signs of mental illness or another illness which causes the loss of ability to perceive or ability to control their acts but have not been assessed, waiting for the results of the assessment or being sent to the compulsory medical facility.
2. The persons in the same case which is being investigated, prosecuted or judged must not be held in the same cell.
3. In special cases, due to the practical conditions, the detention center or custody center cannot meet the requirements for separate custody or in order to ensure the requirements for investigation, prosecution, judgement or ensure the safety to the persons held in temporary detention or custody, the Head of detention center, Suprintendent of custody center, Head of detention cell of border post shall coordinate with the body which is handling the case to decide in writing the persons who are detained in common.
4. The following persons held in temporary detention or custody can be detained in separate cells:
a) Gays/lesbiens, transgender people;
b) Persons specified under Points e, i and medical equipment, Clause 1 of this Article;
c) Pregnant women or women having child under 36 months of age sharing the same cell.
Article 19. Management regulation towards the persons held in temporary detention or custody
1. The custody facility must be guarded, protected, managed, inspected and monitor 24/24 hours a day.
2. The persons held in temporary detention or custody must be in the detention cell and custody cell and only go out of the detention cell and custody cell to comply with the extraction order and other activities specified in Clause 5, Article 20 of this Law and the rules of custody facility.
3. The travel, transaction, contact, communication, dissemination of belief and religion of persons held in temporary detention or custody are restricted. In case of required civil transaction, it must be done through the legal representative and with the consent of the body handling the case.
4. The transfer of persons held in temporary detention or custody between the custody facilities shall be decided by the head of body managing the temporary detention or custody after reaching an agreement with the head of body handling the case and notified to the Procuracy at the same level for information. The authority to transfer the persons held in temporary detention or custody is stipulated as follows:
a) The transfer between custody facilities in the same province or centrally-run city or of a military zone or the equivalent shall be decided by the head of custody or detention facility at provincial level or military zone level;
b) The transfer between custody facilities not in the same province or centrally-run city or of a military zone or the equivalent shall be decided by the head of custody or detention facility at provincial level or military zone level of the transferring place after reaching an agreement with the head of custody or detention facility at provincial level or military zone level of the receiving place;
c) The transfer between custody facilities of Public Security at provincial level or military zone level and the custody facilities of the Ministry of Public Security or Ministry of Defense shall be decided by the head of body managing the temporary detention or custody of the Ministry of Public Security or Ministry of Defense.
d) The transfer between custody facilities in people’s Public Security and the custody facilities in the people’s Army shall be decided by the head of body managing the temporary detention or custody of the transferring place after reaching an agreement with the head of body managing the temporary detention or custody of the receiving place;
Article 20. Extraction of persons held in temporary detention or custody
1. The extraction of persons held in temporary detention or custody is only done when there is the extraction order of the competent person as stipulated by the Criminal Procedure Code, the Law on Criminal Enforcement and this Law in the following cases:
a) For investigation, prosecution, judgment and execution;
b) For examination, treatment, forensic assessment, forensic psychiatric assessment;
c) For meeting relative, advocate or legal representative to exercise some rights and obligations prescribed by law;
d) The foreigners held in temporary detention or custody upon consular contact or contact with humanitarian organizations in accordance with the international agreements in which the Socialist Republic of Vietnam is a member or by the agreement between the Socialist Republic of Vietnam with the country having the persons held in temporary detention or custody or for foreign reasons for each specific case.
2. Where the Suprintendent of custody center, the Head of detention center and the Head of detention cell of border post carry out the extraction of persons held in temporary detention or custody for examination or treatment, they must inform immediately the body handling the case and the competent Procuracy.
3. The extraction order must have the following main contents:
a) Name of body, full name, position and rank of person giving the order;
b) Full name, date of birth, nationality, residence, acts of law violation, date of temporary detention or custody of the extracted person.
c) Purpose and duration of extraction;
d) Full name, position, rank and body of the person escorting the extracted person or the body carrying out the escorting;
dd) Full name, position, rank (if any) of the person receiving the extraction of the body having the authority to order the extraction;
e) Date, month and year of order and signature of the ordering person and seal.
4. The custody facilities must check and hand over the persons held in temporary detention or custody to the escorting body or person. Such escorting body or person must hand over the extracted person to the person having the authority to order the extraction. The handover and receipt must be recorded and the health condition of such persons is also recorded in the monitoring book.
The person having the authority to give the extraction order shall receive the extracted person. The escorting body or person shall coordinate with the custody facility and the person having the authority to give the extraction order to manage and ensure the implementation of diet, accommodation and living activities of the extracted persons in accordance with the provisions of this Law. The escorting, management and expenses to ensure the implementation of diet, accommodation and living activities of the extracted persons shall be stipulated by the Government.
When the duration of extraction is not over but its purpose is completed or when the duration of extraction is over, the person requesting the extraction shall hand over the extracted person to the escorting body or person to hand over such escorted person to the custody facility, except that the persons held in temporary detention or custody are released by the judgement or decision of the competent body or person. In case of need for further extraction, there must be an extraction extension order. The duration and extension of extraction must not be longer than the remaining duration of temporary detention or custody.
5. In case of performing the activities specified in Clause 1 of this Article inside the custody facility, the head of detention facility shall decide to remove the persons held in temporary detention or custody out of the detention or custody cells without extraction order.
Article 21. Handover of persons held in temporary detention or custody
The custody facilities must hand over the persons held in temporary detention or custody in the following cases:
1. When there is a decision of body managing the temporary detention or custody to transfer the persons held in temporary detention or custody to another custody facility.
2. When there is a decision of a competent body to take the sentenced persons to the place of judgement execution.
3. When there is a decision of death sentence execution Board to take the persons with death judgement to place of execution;
Article 22. Meeting of relatives, advocate or consular contact of persons held in temporary detention or custody
1. The persons held in temporary detention can meet their relatives one time during temporary detention and one time in each time of detention extension. The persons held in temporary custody can meet their relatives one time in a month; in case of increased times of meeting or the persons to be met are not their relatives, there must be the approval from the body handling the case. The time for each meeting is within an hour.
2. The persons coming for meeting must present their personal papers and papers demonstrating the relation with the persons held in temporary detention or custody if they are their relatives. The meeting must be under the strict control and monitoring of detention facility and does not affect the criminal proceedings of the competent body or person; must comply with regulations on meeting. In case of requirements from the body handling the case, coordinate with the custody facility to monitor and follow the meetings.
The head of custody facility shall decide the time of meeting and inform the body handling the case of such meeting.
3. The advocate can meet the persons held in temporary detention or custody for his/her advocacy in accordance with the provisions of the Criminal Procedure Code and this Law at the working room of the custody facility or the place where the persons held in temporary detention or custody are being examined or treated; must present personal papers and advocacy papers.
4. The head of custody facility shall not agree upon the meeting to the persons held in temporary detention or custody in the following cases with stated reasons:
a) The relatives fail to present their personal papers or papers demonstrating the relation with the persons held in temporary detention or custody or the body handling the case issues a written requirement not permitting the persons held in temporary detention or custody to meet their relatives due to possible serious effect on the settlement of the case; the advocate fails to present his/her personal papers or papers concerning the advocacy to the persons held in temporary detention or custody;
b) In case of emergency to safely protect the custody facility or arrest the persons held in temporary detention or custody who flee;
c) When there is disease occurrence in the area with custody facility;
d) When giving the emergency aid to the persons held in temporary detention or custody or when they are suffering from infectious diseases of Group A;
dd) When questioning or interrogating the persons held in temporary detention or custody or when they are involved in other procedural activities;
e) The persons held in temporary detention or custody do not want to have a meeting. In this case, the person coming for meeting can see the persons held in temporary detention or custody directly to confirm the refusal of meeting.
g) The persons coming for meeting intentionally breach the rules of custody facility or regulations on custody management from 02 times or more;
h) The persons held in temporary detention or custody are being disciplined in accordance with the provisions in Clause 3, Article 23 of this Law.
5. Meeting the persons held in temporary detention or custody who are foreigners shall comply with the provisions in Clauses 1, 2, 3 and 4 of this Article. The consular contact or contact with humanitarian organizations shall comply with the international treaties in which the Socialist Republic of Vietnam is a member or under the international agreements or agreements on each specific case between the Socialist Republic of Vietnam and the country having the persons held in temporary detention or custody or the humanitarian organizations. The representative of Vietnam’s diplomatic mission or representative of Vietnam Red Cross can be invited during the contact or meeting.
The government stipulates in detail this Clause.
Article 23. Disciplining the persons held in temporary detention or custody who breach rules of custody facility or regulations on custody management
1. Where the persons held in temporary detention or custody breach the rules of custody or regulations on custody management, depending on the nature and seriousness, they shall be disciplined by one of the following forms:
a) Caution;
b) Being isolated in solitary confinement from 01 to 02 days and can be extended up to 02 days for the persons held in temporary detention; being isolated in the discipline cell from 03 to 07 days and can be extended up to 10 days for the persons held in temporary custody. The duration of isolation shall not exceed the remaining duration of temporary detention or custody.
2. The discipline is exercised in the form of isolation if the persons held in temporary detention or custody breach the rules of custody facility or regulation on custody management from 02 times or more or have acts specified in Clause 5 and 7, Article 8 of this Law.
3. If the persons are isolated in the solitary confinement have drastic acts against the custody facility, commit suicide, self-injury, infringe the others’ life and health, they shall be shackled on one leg. The time of shackling shall be decided by the head of custody facility. Do not apply the shackling to the disciplined persons under 18 years of age, women, heavy disabled persons and persons of full 70 years of age or more. During the time of isolation in the solitary confinement, the persons held in temporary detention or custody are restricted to meet, send, receive letter or presents.
4. The discipline and restricted meeting, sending or receipt of letters or presents to the persons held in temporary detention or custody shall be decided in writing by the head of custody facility. The record of breach and discipline decision are included in the custody management dossier. If the disciplined persons make progress, the head of custody facility shall decide in writing the reduction of duration of discipline, cancel the restricted meeting, sending or receipt of letters or presents towards such persons.
Article 24. Management of objects, personal belongings, money, properties of the persons held in temporary detention or custody
1. The persons held in temporary detention or custody are permitted to bring with them the personal necessary objects into the detention or custody cells. Their other objects, personal belongings, money and properties must be deposited at the prescribed place of the custody facility or authorized to their relatives or legal representative for management. The objects which cannot be stored during the time of temporary detention or custody and the objects subject to the list banned from bringing into the detention cells and custody cells if being destroyed, the head of custody facility must issue a written decision or handle them in accordance with regulations of law. Upon destruction, there must be the presence of the persons held in temporary detention or custody and the destruction must be recorded. If they are released or transferred to other custody facilities, their other objects, personal belongings, money and properties deposited shall be returned to them. Where the custody facility damages or loses them, it shall make compensation.
2. The Minister of Public Security, Minister of Defense shall stipulate the list of objects banned from bringing into the detention or custody cells.
Based on the list of objects banned from bringing into the detention or custody cells, the head of custody facility shall not permit to bring into the detention or custody cells the objects which can be used to commit suicide, flee from custody, cause injury or harm to health or life of such persons or others.
3. The persons held in temporary detention or custody can use the deposited money to buy necessary things for their living activities in the form of book signing.
Article 25. Handling the case of fleeing of the persons held in temporary detention or custody
1. When the persons held in temporary detention or custody flee, the head of custody facility must organize the arrest immediately, make the record and notify the body handling the case and the competent Procuracy for coordinated settlement. All measures to arrest, investigate and handle any case of fleeing must be taken in accordance with regulations of law.
2. Where the persons held in temporary detention or custody have fled but gave themselves up, the receiving body shall record the case and notify immediately to the body handling the case and the custody facility for settlement as prescribed by law.
Article 26. Handling the case of death of the persons held in temporary detention or custody
1. Where the persons held in temporary detention or custody die during the time of temporary detention or custody, the head of custody facility must protect the scene and immediately inform the investigation body and the competent Procuracy to identify the cause of death while informing the relatives and legal representative of the deceased. The representative of custody must witness the the scene examination and autopsy. Where the deceased is a foreigner, the body handling the case shall inform the consular agency and his/her relatives or legal representative.
2. The custody facility shall do the death declaration procedure in accordance with law on civil status.
3. When the investigation body and the Procuracy permit the burial procedures for the deceased, the custody facility must infom the relatives of the deceased.
Where the relatives of the deceased have a written request, the body shall be handed over to them, except that there are the grounds that it affects the security, order and environmental sanitation. After a time limit of 24 hours from the notice but noone receives the body, the custody facility shall organize the burial. Where the relatives of the deceased request in writing to receive the ashes or bones after burial, the head of custody facility shall discuss with the local authorities for settlement in accordance with regulations of law. The burial must comply with the regulations of the Ministry of Health and the local authorities.
4. Where the foreigners held in temporary detention or custody die, apply the regulations of international treaties in which the Socialist Republic of Vietnam is a member or under international agreements or direct agreements on each specific case between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die. Where there is no corresponding international treaties or international agreements or between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die, there is no agreement on settlement of specific case or when the nationality of the deceased cannot be identified, the case shall be settled like the Vietnamese held in temporary detention or custody die.
5. The expenses related to the burial shall be born by the state budget. The Government stipulates in detail this clause.
6. Where the persons held in temporary detention or custody die but they have had the time to participate in social insurance or are enjoying their pension, the death benefits shall be applied by the provisions of the Law on social insurance.
Chapter IV
BENEFITS OF PERSONS HELD IN TEMPORARY DETENTION OR CUSTODY
Article 27. Diet and accommodation benefits of the persons held in temporary detention or custody
1. The persons held in temporary detention or custody shall receive adequate quantity of rice, vegetables, meat, fish, sugar, salt, seasoning sauce, monosodium glutamate, fuel, electricity, water for living activities. The head of custody facility shall decide the change of food quantity to fit the reality to ensure the persons held in temporary detention or custody use adequate prescribed food standard.
On public holidays or New Year holidays, as stipulated by law, the persons held in temporary detention or custody can have additional food but the rate shall not exceed 05 times of food standard in normal days.
Based on the requirements for health assurance of the persons held in temporary detention or custody, the Government shall stipulate the food norm in accordance with the economic condition, budget and market price fluctuations.
2. The persons held in temporary detention can receive the presents from their relatives during the time of temporary detention not more than once and receive presents once for each time of extension of detention. The persons held in temporary custody can receive the presents from their relatives not more than 03 times/month. The quantity of present as food and drink for each time of receipt must not exceed 03 times of food standard of normal day. The head of custody facility shall organize the receipt, check and remove the prohibited objects and fully hand them over to the persons held in temporary detention or custody; check, prevent and stop the acts of misappropriation of presents or personal stuff of the persons held in temporary detention or custody. The Minister of Public Security and Minister of Defense shall specify the kind of present which the relatives of the persons held in temporary detention or custody can send.
3. The persons held in temporary detention or custody receives the food safety in eating and drinking. The custody facility shall organize the kitchen and is provided with equipment necessary for storage of food, foodstuff, cooking, drinking water and division of food according to the standard ration.
4. The minimum area of lying place of each person held in temporary detention or custody is 02 m2 with platform and mat.
Article 28. Benefits of clothes and personal belongings of the persons held in temporary detention or custody
1. During the time of temporary detention or custody, the persons held in temporary detention or custody can use their clothes, blanket, mat and other necessary things for personal living activities and can borrow them from the custody facility. The persons held in temporary detention or custody are provided with shampoo and toothpaste and additional items needed for women's hygiene if being female detainees.
The officer directly managing the custody shall provide instructions and require the persons held in temporary detention or custody to keep and ensure sanitation and recover the lent items when the persons held in temporary detention or custody go out of the custody facility.
2. The Government stipulates in detail this Article.
Article 29. Benfits of sending and receipt of letters, books, newspapers and documents of the persons held in temporary detention or custody
The persons held in temporary detention or custody only send or receive letters, books, newspapers and documents upon permission from the body handling the case. The letters, books, newspapers and documents are left open and checked by the custody facility.
Article 30. Benefits of healthcare for the persons held in temporary detention or custody
1. The persons held in temporary detention or custody shall be entitled to the benefits of checkup, treatment and disease prevention. In case of sickness and injury, they shall be examined and treated at the medical facility of the custody facility and shall be transferred to the district or provincial medical facility, military hospital or central hospital for examination or treatment in case of heavy disease or injury exceeding the ability of the custody facility. The custody facility must inform the relatives or legal representative of such persons for coordinated care and treatment. The diet and medication shall be decided by the medical facility. The persons held in temporary detention or custody can receive medications from their relatives with prescription and are checked by the custody facility.
2. For the persons held in temporary detention or custody with signs of mental illness or other diseases which cause the loss of cognitive ability or the ability to control their behavior, the custody facility shall request the body handling the case to perform the forensic psychiatric assessment. When there is a decision to apply compulsory treatment measures from the competent authorities, the handling the case shall coordinate with the custody facility to take the persons held in temporary detention or custody to the medical facility specified in the decision.
3. The expenses of checkup, treatment and disease prevention to the persons held in temporary detention or custody shall be born by the state budget in accordance with regulations of the Government. Where the persons held in temporary detention or custody have the benefits of health insurance, they shall enjoy the benefits of checkup and treatment in accordance with regulations of law on health insurance.
Article 31. Benefits of spiritual activities for the persons held in temporary detention or custody
The custody facility is equipped with the radio system. On average, twenty persons held in temporary detention or custody or the custody facility has less than twenty persons held in temporary detention or custody shall be provided with one local or central newspaper. The head of detention facility shall organize for the persons held in temporary detention or custody to listen to radio and read newspapers or watch the local or central television program if the condition permits.
Chapter V
BENEFITS TO THE PERSONS HELD IN TEMPORARY DETENTION OR CUSTODY WHO ARE UNDER 18 YEARS OF AGE, PREGNANT WOMEN OR WOMEN TAKING CARE OF CHILDREN UNDER 36 MONTHS OF AGE
Article 32. Scope of application
The temporary detention or custody to the persons under 18 years of age, pregnant women or women with children under 36 months of age shall comply with the provisions in this Chapter and other provisions of this Law.
When the persons held in temporary detention or custody are full 18 years of age or women with their children of full 36 months of age or more, the benefits of temporary detention or custody shall comply with the general regulations.
Article 33. Benefits of diet, accommodation and management to the persons held in temporary detention or custody under 18 years of age
1. The persons held in temporary detention or custody under 18 years of age shall receive the food quantity as the persons held in temporary detention or custody who are adults and receive additional quantity of meat and fish but not exceeding 20% compared with the quantity.
2. The persons held in temporary detention or custody under 18 years of age shall be held in custody separately, except for the cases specified in Clause 3, Article 18 of this Law.
Article 34. Benefits of meeting relatives, advocate, consular contact of the persons held in temporary detention or custody under 18 years of age
The persons held in temporary detention or custody under 18 years of age are permitted to meet their relatives, advocate or contact the consular officials specified in Article 22 of this Law with the times of meeting to be doubled compared with the persons held in temporary detention or custody who are over 18 years of age.
Article 35. Benefits of diet, accommodation and management to the persons held in temporary detention or custody as pregnant women or women with children under 36 months of age.
1. The persons held in temporary detention or custody as pregnant women shall receive the proper accommodation, healthcare and diet to ensure their health; in case of giving birth, they shall receive the diet standard and quantity as prescribed by the doctor; are provided with food, personal objects and medications necessary for taking care of newborn child; have time to breast-feed their babies during the time of breastfeeding. The custody facility is responsible for go through the procedures for birth registration. The communal People’s Committee where the custody facility is located shall register and issue the certificate of birth.
The persons held in temporary detention or custody as pregnant women or women with children under 36 months of age shall be arranged the lying area of at least 03 m2.
2. The custody facility must take care of and nurture the children under 36 months of age. The persons held in temporary detention or custody who have their children over 36 months of age must send their children to their relatives to nurture them. Where they have no relative, the head of custody facility shall request the Department of Labour, Invalids and Social Affairs where the custody facility is located to appoint a social welfare facility to receive and nurture such children. After being released, the persons held in temporary detention or custody shall get back their children from the social welfare facility.
3. The Government stipulates in detail the regulations on care and nurturing of children under 36 months of age at the custody facilities.
Chapter VI
BENEFITS FOR THE PERSONS WITH DEATH SENTENCE HELD IN TEMPORARY CUSTODY
Article 36. Scope of application
The benefits for the persons with death sentence held in temporary custody shall comply with the provisions in this Chapter and other provisions of this Law.
Article 37. Benefits of diet, accommodation and management to the persons with death sentence
1. The person with death sentence are held in temporary custody shall receive the benefits of diet, clothing, living activities, healthcare, receipt of presents, sending and receipt of letters, books, newspapers and materials like other persons held in temporary custody.
2. The meeting towards the persons with death sentence and the judgement already has legal effect and pending the execution shall be decided by the Suprintendent of custody center; for the persons with death sentence but the judgement has not yet had legal effect, the provisions in Article 22 of this Law shall apply. The meeting organization must ensure the absolute safety.
3. The custody facility must ensure that the persons with death sentence shall exercise their rights of appeal, rights to request consideration by the procedures of cassation and retrial and the rights to request the commutation of death sentence in accordance with the provisions of the Criminal Procedure Code and other rights of the persons held in temporary custody as stipulated in this Law.
4. Where the persons with death sentence receive the commutation decision to life imprisonment or the judgement reduced to life imprisonment or sentence with term, the head of custody facility shall transfer such persons to the custody place pending the execution of sentence. In case of cancellation of judgement for re-investigation, the head of custody facility shall transfer the persons with death sentence to the custody cells for investigation.
5. The custody facility shall return the deposited money and properties and personal belongings of the persons whose death sentence has been executed to their relatives or authorized persons.
6. The custody center must have separate cell or area for persons with death sentence. During the time of management of temporary custody towards the persons with death sentence, if finding that they have signs of fleeing or committing suicide or other dangerous acts, the head of custody facility shall decide to shackle their one leg and conduct the monotoring, management and prevention.
7. The Minister of Public Security and Minister of Defense shall stipulate in detail Clause 2 and 6 of this Article.
Chapter VII
TO ENSURE CONDITIONS OF MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY
Article 38. To ensure staff, personnel, facilities and funding in service of management and execution of temporary detention or custody
1. The State ensures the staff and personnel for the bodies managing and executing the temporary detention or custody. The persons performing the management and execution of temporary detention or custody shall be trained, re-trained with professional skills and laws in line with their assigned duties and power.
2. The state ensures the facilities for the management and execution of temporary detention or custody including land, office, custody works and ancillary works, equipment, weapon, assistive tools, means of transportation and communication, professional techniques and other technical and material conditions. The priority of facilities is given to the custody facilities in remote areas, mountainous areas, social-economic area with particularly difficult conditions, critical areas of national security, social order and safety.
3. The State ensure the funding for activities to implement the benefits of temporary detention or custody. The estimation, use and settlement of funding to ensure the management and execution of temporary detention or custody shall comply with the provisions of the Law on the State Budget.
Article 39. Use of weapon, professional technical means and assistive tools
The officers, non-commissioned officers, professional servicemen, soldiers, people’s policemen and people’s Army soldiers are permitted to use weapons, professional technical means and assistive tools on duty of execution of temporary detention or custody.
Article 40. Database of execution of temporary detention or custody
1. The database of execution of temporary detention or custody is managed by the Ministry of Public Security and is a part of national database concerning the information on criminal prevention and fighting to serve the state management on execution of temporary detention or custody.
2. The development, collection, storage, processing, protection and use of database of execution of temporary detention or custody shall be stipulated by the Government.
Article 41. Benefits and policies to the bodies, organizations and individuals in management and execution of temporary detention or custody
1. The officers, non-commissioned officers, professional servicemen, soldiers, people’s policemen, people’s Army soldiers, workers and officials of public security and defense performing duties of management and execution of temporary detention or custody are entitled to the incentive benefits and policies in accordance with regulations of law.
2. The bodies, organizations and individuals involved in the management and execution of temporary detention or custody and having achievements shall be commended and shall be entitled to the benefits and policies in accordance with laws in case of damage to their life, health or properties.
Chapter VIII
CONTROL AND SUPERVISION OF MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY
Article 42. Duties and power of the People’s Procuracy upon control and supervision of management and execution of temporary detention or custody
1. The People’s Procuracy shall control and supervise the compliance with law of the competent body and person in management and execution of temporary detention or custody.
2. When controlling and supervising the management and execution of temporary detention or custody, the People’s Procuracy has the following duties and power:
a) Performs the control and supervision at the custody center, detention center, detention cell and questions the persons held in temporary detention or custody about the temporary detention or custody;
b) Performs the control and supervision of dossiers of temporary detention or custody;
c) Requires the Head of detention center, the Suprintendent of custody center and the Head of detention cell of border guard to inspect by themselves the temporary detention or custody and inform the result to the Procuracy; provide dossiers and documents related to the temporary detention or custody; inform the reality of execution of temporary detention or custody; answer the decision, measures or illegal acts in temporary detention or custody;
d) Decides the immediate release to the persons held in temporary detention or custody without ground and in contradiction with law.
dd) Protests, proposes or requests the body or person having the authority in temporary detention or custody; suspends the execution, amends or invalidate the decisions which violate the law in management and execution of temporary detention or custody, stoppage of acts of law violation and requests the handling against the persons violating the law;
e) Brings the prosecution or requests the investigation body to bring the prosecution for criminal case when detecting the criminal signs in management and execution of temporary detention or custody in accordance with law.
g) Settles the complaints and denunciation and exercises other duties and power in controlling and supervising the management and execution of temporary detention or custody in accordance with the provisions of this Law, the Law on organization of People’s Procuracy and the Criminal Procedure Code.
Article 43. Responsibility to comply with the requirements, proposals, protests and decisions of the People’s Procuracy in management and execution of temporary detention or custody
The Head of detention center, the Suprintendent of custody center and the Head of detention cell of border guard must comply with the following requirements, proposals, protests and decisions of the People’s Procuracy in management and execution of temporary detention or custody:
1. The requirements for providing the dossiers and documents related to the management and execution of temporary detention or custody must be followed immediately; requirements for informing the reality of temporary detention or custody, requirements for answering the decisions and measures or illegal acts in temporary detention or custody must be followed within 15 days; requirements for self-inspection of temporary detention or custody and the result must be informed to the People’s Procuracy within 30 days from the date of receipt of requirement;
2. The decisions specified under Point d, Clause 2, Article 42 of this Law must be followed immediately; in case of disagreement with such decisions, they shall have to follow them but have the right to lodge the complaint to the competent superior People’s Procuracy. Within 10 days after receiving the complaint, the Head of superior People’s Procuracy must solve the case.
3. The protests specified under Point dd, Clause 2, Article 42 of this Law must be settled within 15 days after receiving the protest; in case of disagreement with such protests, they have the right to lodge the complaint to the competent superior People’s Procuracy which must settle the case within 15 days after receiving the complaint; the decision of the superior People’s Procuracy is the decision with legal effect;
4. The proposals specified under Point dd, Clause 2, Article 42 of this Law must be considered, settled and replied to the People’s Procuracy wthin 30 days after receiving the proposals.
Chapter IX
COMPLAINT, DENUNCIATION AND SETTLEMENT OF COMPLAINT AND DENUNCIATION IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY
Section 1. COMPLAINT AND SETTLEMENT OF COMPLAINT IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY
Article 44. Complaint in management and execution of temporary detention or custody
1. The persons held in temporary detention or custody and other relevant bodies, organizations and individuals have the right to lodge complaint about decisions and acts of the bodies and persons having the authority in management and execution of temporary detention or custody if there are the grounds that such decisions and acts have infringed their legitimate rights and interests.
2. The first statute of limitations is 30 days from the day of receiving or knowing the decisions or acts in management and execution of temporary detention or custody the complainant think they violate the law.
In case of sickness, natural disaster, business travel or study in remote areas or due to other objective difficulties that make it difficult for the the complainant to do their rights of complaint in line with the statute of limitations. Therefore, the period of time with such obstacles shall not be included in the statute of limitations of complaint.
The next statute of limitations is 15 days after receiving the decision on complaint settlement from the competent person.
Article 45. Cases of complaint about management and execution of temporary detention or custody which cannot be handled and settled
1. The decisions and acts complained are not directly related to the complainant’s legitimate rights and interests.
2. The complainants do not have adequate capacity and civil acts and legal representative, except that the complainants are the persons held in temporary detention or custody.
3. The representatives do not have papers evidencing their legal representation.
4. The statute of limitations is over.
5. The complaints already have complaint settlement decisions with legal effect.
Article 46. Authority to settle complaints in management and execution of temporary detention and custody
1. The Head of district People’s Procuracy, Head of provincial People’s Procuracy, Head of military Procuracy of area and Head of military Procuracy of military zone and the equivalent shall settle the complaints about the illegal decisions and acts in management and execution of temporary detention and custody from the competent body and person under their control and supervision responsibility.
The Head of superior People’s Procuracy has the authority to settle the complaints about the complaint settlement of the Head of inferior People’s Procuracy; the decision on complaint settlement of the Head of superior People’s Procuracy is the decision with legal effect.
2. When the bodies and persons having the authority in management and execution of temporary detention and custody receive the complaint petition specified in Article 44 of this Law, they have to transfer the complaint of the persons held in detention or custody to the People’s Procuracy within 24 hours after receiving the such complaints.
Article 47. Rights and obligations of complainants in management and execution of temporary detention and custody
1. The complainants have the following rights:
a) Lodge a complaint by themselves or through their legal representatives for complaint; the complainant can make a complaint directly or send the complaint petition through the body or person having the authority in management and execution of temporary detention and custody;
b) Withdraw their complaints in any time of the process of complaint settlement;
c) Receive the decision on complaint settlement;
d) Continue their complaints in case of not disagreement with the first complaint settlement decision;
dd) Their infringed legitimate rights and interests are restored and their damages are compensated in accordance with regulations of law.
2. The complainants have the following obligations:
a) Truthfully present the case, provide information and documents for the persons handling their complaints and take responsibility before law for the presented contents and the provision of such information and documents;
b) Comply with the decision on complaint settlement with legal effect.
Article 48. Rights and obligations of complainees in management and execution of temporary detention and custody
1. The complainees have the following rights:
a) Provide evidence of legality of the complained decisions and acts in management and execution of temporary detention and custody;
b) Receive the complaint settlement decisions on their acts and decisions in management and execution of temporary detention and custody.
2. The complainees have the following obligations:
a) Explain about their acts and decisions in management and execution of temporary detention and custody which have been complained; provide relevant information and documents upon requirements from the competent bodies and persons;
b) Comply with the complaint settlement decisions with legal effect.
Article 49. Duties and power of the People’s Procuracy upon complaint settlement in management and execution of temporary detention and custody
1. Receives and settles the complaints about the complained decisions and acts.
2. Requires the complainants and complainees to explain and provide information and documents related to the complaints.
3. Informs in writing of complaint handling and sends the complaint settlement decision to the complainants and complainees.
4. Take responsibility before law concerning its complaint settlement.
Article 50. Time limit for settlement of complaint and sending of complaint settlement decision in management and execution of temporary detention and custody
1. The time limit for first complaint settlement in management and execution of temporary detention is 02 days and 05 days for management and execution of temporary custody from the date of handling of complaint.
2. The time limit for second complaint settlement in management and execution of temporary detention is 03 days and 10 days for management and execution of temporary custody from the date of handling of complaint.
3. In case of necessity, for the complex cases, the time limit for complaint settlement may last but must not exceed 05 days in management and execution of temporary detention and 20 days in management and execution of temporary custody from the expiry date of complaint settlement.
4. Within 24 hours after the complaint settlement decisions, the person issuing the complaint settlement decisions must send such decision to the complainants and complainees.
Article 51. Dossier for complaint settlement in management and execution of temporary detention and custody
1. The dossier for complaint settlement includes:
a) Complaint petition or document recording the complaint contents;
b) Written explanation of the complainee;
c) Record of verification and conclusion;
d) Complaint settlement decisions;
dd) Other relevant documents.
2. The pages of dossier for complaint settlement must be numbered and the dossiers shall be stored at the body settling the complaints.
Article 52. Order of first complaint settlement in management and execution of temporary detention and custody
1. After handling the complaints, the Procuracy having the authority to settle the complaints for the first time shall conduct the verification and require the complainants and the complainees to explain and provide information and documents related to the complaints; work with the relevant bodies, organizations and individuals to clarify the complaint contents and issue the first complaint settlement decision.
2. The first complaint settlement decision shall take legal effect if the complainant shall not make further complaint.
Article 53. Contents of first complaint settlement decision in management and execution of temporary detention and custody
The first complaint settlement decision must include the following contents:
1. Name of body, date of decision;
2. Full name and address of the complainant and the complainee;
3. Content of complaint;
4. Verification result of complaint content;
5. Legal grounds for complaint settlement;
6. Conclusion of complaint is correct, partially correct or wrong;
7. Keep integrity, cancel or require the modification or cancel a part of complained decision or force termination of compliance with the complained decisions or acts.
8. Compensation for damages and remedy of consequences caused by such illegal decisions and acts;
9. Instruction on rights to make further complaints of the persons concerned.
Article 54. Procedures for second complaint settlement in management and execution of temporary detention and custody
1. In case of futher complaint, the complainants must send their petition with the copy of the first complaint settlement decision and other relevant documents to the Procuracy having the authority to settle the second complaint.
2. During the process of complaint settlement, the Procuracy having the authority to settle the second complaint has the right to request the Procuracy which has settled the first complaint and the relevant bodies, organizations and individuals to provide the information and documents related to the complaint contents; work with the complainees and complainants when necessary; verify and take other measures in accordance with regulations of law for complaint settlement. When the bodies, organizations and individuals receive the requirements, they must follow such requirements. The second complaint settlement decision shall take legal effect.
Article 55. Content of second complaint settlement decision in management and execution of temporary detention and custody
The second complaint settlement decision must include the following contents:
1. Name of body, date of decision;
2. Full name and address of the complainant and the complainee;
3. Content of complaint;
4. Verification result of complaint content;
5. Legal grounds for complaint settlement;
6. Conclusion of complaint content and settlement of person having the authority to settle the complaint the first time.
7. Keep integrity, cancel or require the modification or cancel a part of complained decision or force termination of compliance with the complained decisions or acts.
8. Compensation for damages and remedy of consequences caused by such illegal decisions and acts;
Section 2. DENUNCIATION AND SETTLEMENT OF DENUNCIATION IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION AND CUSTODY
Article 56. Denunciation in management and execution of temporary detention and custody
1. The persons held in temporary detention and custody and anyone have the right to denounce the illegal acts of any competent person in management and execution of temporary detention and custody causing damages or threatening to cause damages to the interests of the State and legitimate rights and interests of bodies, organizations and individuals.
2. The bodies and persons having the authority in management and execution of temporary detention and custody must transfer the denunciation to the Procuracy at the same level within 24 hours after receiving it.
Article 57. Rights and obligations of denouncer in management and execution of temporary detention and custody
1. The denouncer has the following rights:
a) Sends petition or directly makes denunciation to the competent body or person;
b) Requests to keep secret his/her name, address and autograph;
c) Requests to be informed of result of denunciation settlement;
d) Requests the competent bodies to protect upon being threatened or revenged.
2. The denouncer has the following obligations:
a) Truthfully presents the denunciation contents;
b) Specifies full name and address;
c) Take responsibility before law for making false denunciation.
Article 58. Rights and obligations of denounced persons in management and execution of temporary detention and custody
1. The denounced persons have the following rights:
a) Being informed of the denunciation contents;
b) Show evidence to demonstrate the denunciation contents are not true;
c) Their infringed legitimate rights and interests, honor and dignity are restored and compensated due to improper denunciation;
d) Request the competent bodies, organizations or individuals to handle the persons making false denunciation.
2. The denounced persons have the following obligations:
a) Explain about their acts of denunciation; provide relevant information and documents upon requirement from the competent bodies or persons;
b) Comply with the denunciation settlement decision of the competent bodies or persons;
c) Make compensation for damages and remedy consequences due to their illegal acts.
Article 59. Dossier for denunciation settlement in management and execution of temporary detention and custody
1. The denunciation settlement must be documented. The dossier for denunciation settlement includes:
a) Denunciation petition or document recordding the denunciation contents;
b) Decision on handling the denunciation settlement;
c) Verification record, assessment result, information, documents and evidence collected during the course of settlement.
d) Written explanation of the denounced person;
dd) Report on result of verification of denunciation contents where the person handling the denunciation assigns the others to conduct the verification;
e) Conclusion of denunciation contents;
g) Handling decision;
h) Other relevant documents.
2. The pages of dossier for denunciation settlement must be numbered in order of documents. The storage and use of dossier for denunciation settlement shall comply with regulations of law and ensure no disclosure of information about the denouncer.
Article 60. Authority, procedures and time limit for denunciation settlement
1. The authority and procedures for denunciation settlement of the People’s Procuracy shall comply with the provisions in Clause 4, Article 23 and 29 of the Law on organization of People’s Procuracy.
2. The time limit for denunciation settlement is 60 days from the date of handling; for complex cases, the time limit may be longer but must not exceed 90 days.
3. The denunciation of illegal acts with criminal signs shall be settled in accordance with the provisions of the Criminal Procedure Code.
Article 61. Responsibility of the persons having the authority to settle denunciation
1. The bodies and persons having the authority within their duties and power must receive and settle in a timely manner and in accordance with the laws; strictly handle the violators; take necessary measures to prevent damages which can occur; ensure the settlement decisions must be properly followed and they must take responsibility before law for their decisions.
2. The persons having the authority to settle the denunciations but fail to do so or lack responsibility in settlement or conduct the illegal settlement, depending on the nature and seriousness of violation, they shall be disciplined or prosecuted for criminal liability or make compensation in accordance with regulations of law.
Chapter X
RESPONSIBILTY IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION AND CUSTODY
Article 62. Responsibility of the Government
1. Unifies the state management over the execution of temporary detention and custody nationwide.
2. Provides directions for the bodies of the Government and provincial People’s Committees in management and execution of temporary detention and custody.
3. Coordinates with the Supreme People’s Court and the Supreme People’s Procuracy in execution of temporary detention and custody.
4. Make annual report to the National Assembly on the management and execution of temporary detention and custody.
Article 63. Responsibility of the Ministry of Public Security
The Ministry of Public Security is responsible for assisting the Government to conduct the state management on execution of temporary detention and custody and has the following responsibilities:
1. Issues under its authority or requests the competent authorities to issue the legal normative documents on execution of temporary detention and custody; follows the law on execution of temporary detention and custody;
2. Provides professional directions and guidance on uniform application of regulations of law on execution of temporary detention and custody;
3. Suspends and annul under its authority or request the competent level to annul the regulations on execution of temporary detention and custody in contradiction with the provisions of this Law.
4. Decides the allocation of funding and ensure the conditions for the management and execution of temporary detention and custody;
5. Issues the forms, papers and books concerning the management and execution of temporary detention and custody;
6. Develops and manages the database on execution of temporary detention and custody;
7. Makes state statistics on execution of temporary detention and custody; report to the Government on the management and execution of temporary detention and custody;
8. Performs the inspection, commend and handle violation of management and execution of temporary detention and custody;
9. Manages the system of organization, staff and personnel; provide training and re-training of professional skills on management and execution of temporary detention and custody;
10. Organizes the preliminary and final sum-up, scientific research on management and execution of temporary detention and custody;
11. Performs the international cooperation in the field of management and execution of temporary detention and custody.
Article 64. Responsibility of the Ministry of Defense
1. Issues under its authority the legal documents on execution of temporary detention and custody and follows the law on execution of temporary detention and custody in the people’s Army.
2. Provides professional directions and guidance on uniform application of regulations of law on execution of temporary detention and custody in the people’s Army.
3. Suspends and annul under its authority or request the competent level to annul the regulations on execution of temporary detention and custody in contradiction with the provisions of this Law.
4. Decide the allocation of funding; ensure the conditions for the management and execution of temporary detention and custody in the people’s Army; requires the medical facilities in the people’s Army to arrange separate areas or rooms for checkup and treatment for the persons held in temporary detention and custody.
5. Issues the forms, papers and books concerning the management and execution of temporary detention and custody in the people’s Army;
6. Does the statistics on temporary detention and custody in the people’s Army and coordinate with the Ministry of Public Security in developing the database on execution of temporary detention and custody.
7. Performs the inspection, commend and handle violation of management and execution of temporary detention and custody in accordance with regulations of law in the people’s Army;
8. Manages the system of organization, staff and personnel; provide training and re-training of professional skills on management and execution of temporary detention and custody in the people’s Army;
9. Organizes the preliminary and final sum-up, scientific research on management and execution of temporary detention and custody in the people’s Army;
Article 65. Responsibility of the Supreme People’s Procuracy
1. Coordinates with the Ministry of Public Security and Ministry of Defense and other relevant bodies to provide the guidance on following the law on execution of temporary detention and custody.
2. Controls, supervises and directs the Procuracy at all levels to carry out their control and supervision over the management and execution of temporary detention and custody and settlement of complains and denunciation in accordance with this Law and other relevant laws.
3. Follows the regulations on statistics and report on execution of temporary detention and custody in accordance with this Law.
Article 66. Responsibility of Supreme People’s Procuracy
1. Coordinates with the Ministry of Public Security and Ministry of Defense and other relevant bodies to provide the guidance on following the law on execution of temporary detention and custody.
2. Follows the regulations on statistics and report on execution of temporary detention and custody in accordance with this Law.
Article 67. Responsibility of the Ministry of Health
The Ministry of Health shall direct the medical facilities at district and provincial level to build or arrange separate areas or rooms for checkup and treatment for the persons held in temporary detention and custody; directs the medical facilities and medical bodies to provide the guidance, assistance or support for the disease prevention and control; provide the checkup and treatment for the persons held in temporary detention and custody at the custody facilities.
Article 68. Responsibility of the Ministry of Labor - Invalids and Social Affairs
The Ministry of Labor - Invalids and Social Affairs shall direct the Departments of Labor - Invalids and Social Affairs and other social welfare facilities to receive, take care and nurture the children of the persons held in temporary detention and custody having no relative to take care or nurture them in accordance with the provisions of this Law and other relevant laws.
Article 69. Responsibility of the Ministry of Finance
The Ministry of Finance shall coordinate with the Ministry of Public Security, Ministry of Defense to prepare the estimate to ensure the conditions for the management and execution of temporary detention and custody.
Article 70. Responsibility of the Ministry of Planning and Investment
The Ministry of Planning and Investment shall coordinate with the Ministry of Public Security, Ministry of Defense to make plan for equipment of technical means and facilities to ensure the implementation of this Law.
Article 71. Responsibility of provincial People’s Committee
The provincial People’s Committees shall allocate land and provide funding from the local budget and facilitate the building and management of custody facilities in their locality and direct the local state bodies to coordinate and ensure the security and safety for the custody facilities.
Chapter XI
IMPLEMENTATION PROVISION
Article 72. Effect
This Law shall take effect from 01/07/2016.
Article 73. Detailed stipulation
The Government and competent bodies stipulate in detail the articles and clauses stated in this Law.
This Law was adopted by the 13th National Assembly XIII at the 10th session of the Socialist Republic of Vietnam on 25/11/2015./. 

CHAIRMAN OF NATIONAL ASSEMBLY

Nguyen Sinh Hung

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Tra cứu pháp luật - Thủ thuật phần mềm: Luật thi hành tạm giữ tạm giam tiếng Anh: Law on temporary detention or custody
Luật thi hành tạm giữ tạm giam tiếng Anh: Law on temporary detention or custody
Luật thi hành tạm giữ tạm giam tiếng Anh: Law on temporary detention or custody.
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