Vietnam: What are the regulations on the decision on temporary detention of people under administrative procedures?

Vietnam: What are the regulations on the decision on temporary detention of people under administrative procedures? (Illustrative image)

According to the provisions of Decree 112/2013/ND-CP, the regulations on the decision on temporary detention of people under administrative procedures in Vietnam are specified as follows:

Firstly: In case there are sufficient grounds for temporary detention under administrative procedures and it is deemed necessary to impose temporary detention under administrative procedures on the person who has violated the law, the competent person must immediately issue a decision on temporary detention.

The decision on temporary detention of people under administrative procedures in Vietnam must clearly state the decision number; hour, minute, day, month, year of issue of the decision; full name, rank (if any), position, agency of the decision maker; grounds for issuance of the detention decision, applicable articles and clauses of legal documents; reasons for detention; full name, date of birth, place of birth, place of permanent residence (or temporary residence), occupation, place of work, study of the detainee; ID card number of the detainee; full names of the parents or guardians of the detainee (if the detainee is a minor); nationality, passport number, or equivalent documents (if the detainee is a foreigner); temporary detention period; place of temporary detention; right to lodge complaints, whistling reports and initiate lawsuits about issuance of the temporary detention decision and enforcement of the temporary detention as prescribed by law; signature and agency seal of the maker of temporary detention decision. A decision on the temporary detention of people under administrative procedures must be made in two copies, one copy shall be handed to the detainee, and one copy shall be kept in the detention dossier.

Secondly: In cases where it is necessary to extend the temporary detention period, before the expiration of the original detention period stated in the decision, the authorized person must issue a decision to extend the temporary detention period. The content of the extension decision must clearly state the decision number; hour, minute, day, month, and year of issue of the decision, grounds for issuance of the detention decision, applicable articles and clauses of legal documents; full name, position, rank, agency, unit of the decision-maker; full name, address, ID card number of the detainee; place of temporary detention; reason for and period of the detention extension; right to lodge complaints, whistling reports and initiate lawsuits against the extension decision under legal provisions, and signature and seal of the agency of the decision-maker. The extension decision must be made in two copies, one copy shall be handed to the detainee, and one copy shall be kept in the detention dossier.

Thirdly: If the grounds for cancellation of imposition of temporary detention exist before the expiration of the temporary detention period stated in the decision, the person who issued the detention decision must issue a decision on cancellation of imposition of temporary detention of people under administrative procedures. The decision must be given one copy to the detainee, one copy shall be kept in the detention dossier, and recorded in the administrative detention logbook.

The content of the decision on cancellation of imposition of temporary detention of people under administrative procedures must clearly state the decision number; hour, minute, day, month, year of issue of the decision, grounds for issuance of the detention decision; full name, position, rank, agency, unit of the decision-maker; full name, address, ID card number or passport or other equivalent documents of the person whose detention decision is canceled; reason for cancellation of imposition of temporary detention, applicable articles and clauses of legal documents, and signature and seal of the agency of the decision-maker.

Fourthly: When there are grounds to believe that the illegal acts of the administrative detainee constitute evidence of a crime, the person who issues the custody decision must immediately transfer the file and the detainee together with the exhibits, instruments of violation (if any) to competent criminal proceedings agencies for settlement in accordance with law.

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

Ty Na

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