Vietnam: The time limit for temporary detention of people under administrative procedures must not exceed 12 hours

Vietnam: The time limit for temporary detention of people under administrative procedures must not exceed 12 hours (Illustrative image)

According to Article 14 of Decree 112/2013/ND-CP, the time limit for temporary detention of people under administrative procedures in Vietnam is regulated as follows:

- The time limit for temporary detention of people under administrative procedures must not exceed 12 hours; in necessary cases, the time limit for temporary detention may be extended but shall not exceed 24 hours from the starting time of detention.

- For those who commit violations against border regulations or administrative violations in remote, mountainous, and island areas, the time limit for temporary detention may be extended but must not exceed 48 hours from the starting time of detention.

- Those detained on aircraft or ships must be transferred immediately to the competent authority upon the aircraft's landing or the ship's docking.

- The time limit for temporary detention must be specifically stated in the decision on temporary detention of a person under administrative procedures, indicating the number of hours of detention; starting from what time to what time on the day, month, and year of the detention decision.

- In all cases, temporary detention of people under administrative procedures must be accompanied by a written decision from the competent authority. Detention without a written decision is strictly prohibited.

- Upon the expiry of the time limit for temporary detention of people under administrative procedures or in the case stipulated in Clause 3, Article 13 of this Decree, the person who issued the detention decision must immediately cease the detention of the detainee and record this in the administrative detention logbook, signed by the detainee. If the detainee refuses to sign, the person who issued the detention decision must make a record or assign a person on duty to make a record, stating the reasons for refusal in the record. The record must bear the signatures of witnesses (if any), the record maker, and the person who issued the detention decision.

Details can be found in Decree 112/2013/ND-CP effective November 17, 2013.

Ty Na

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