Who is the person in temporary detention and custody in Vietnam? What are the regulations on management classification of persons held in temporary detention or custody in Vietnam?
Who is the person in temporary detention and custody in Vietnam?
According to the provisions of Clauses 1 and 2, Article 3 of the 2015 Law on Temporary Detention and Custody in Vietnam:
- Person in temporary detention is the person who is being managed at the detention facility within the duration of temporary detention and extension of temporary detention under the provisions of the Criminal Procedure Code.
- Person in temporary custody is the person who is being managed 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.
Who is the person in temporary detention and custody in Vietnam? What are the regulations on management classification of persons held in temporary detention or custody in Vietnam?
What are the regulations on management classification of persons held in temporary detention or custody in Vietnam?
Pursuant to the provisions of Article 18 of the 2015 Law on Temporary Detention and Custody in Vietnam:
- The persons held in temporary detention or custody are arranged in areas and classified as follows:
+ Persons held in temporary detention;
+ Persons held in temporary custody;
+ Persons under 18 years of age;
+ Women;
+ Foreigners;
+ Persons with infectious diseases of Group A;
+ Persons committing criminal acts with delinquent nature; killing; robbery subject to the type of particularly serious crime; dangerous recidivism;
+ Persons committing acts of national security infringement;
+ Persons with death sentence;
+ Persons waiting for execution of imprisonment;
+ Persons regularly breaching the rules of custody facility;
+ 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.
In addition, 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, Superintendent 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.
At the same time, the persons in the same case which is being investigated, prosecuted or judged must not be held in the same cell.
What is the management regulation towards the persons held in temporary detention or custody in Vietnam?
According to the provisions of Article 19 of the 2015 Law on Temporary Detention and Custody in Vietnam:
- The custody facility must be guarded, protected, managed, inspected and monitor 24/24 hours a day.
- 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.
- 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.
- 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:
+ 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;
+ 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;
+ 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.
+ 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.
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