What is a minor in Vietnam? What are the benefits for minors held in temporary detention or custody?
What is a minor in Vietnam?
According to the provisions of Article 21 of the Civil Code 2015 on minors as follows:
Minors
1. Minors are persons who are under eighteen years of age.
2. Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.
3. Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.
Thus, minors are persons without the full rights and obligations of a citizen who have not fully developed their personality.
Therefore, when minors commit violations against the law and are held in temporary detention or custody, the law has specific provisions to ensure the rights of minors when being held in temporary detention or custody.
What are the benefits of diet, accommodation and management to minors held in temporary detention or custody in Vietnam?
According to the provisions of Article 33 of the Law on temporary detention or custody in 2015 as follows:
Benefits of diet and accommodation
- 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 quantities of meat and fish but not exceeding 20% compared with the quantity.
- Minors held in temporary detention or custody shall be held in custody separately, except for the cases in which 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, judgment 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.
Minors 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. It is allowed to apply the shackling to the disciplined minors.
Benefits of meeting relatives, advocate, consular contact
Minors held in temporary detention can meet their relatives one time during temporary detention and one time in each time of detention extension. Minors 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.
The persons coming for a 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 the detention facility.
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;
In some special cases, it is not allowed to meet persons held in temporary detention or custody as prescribed in Clause 4, Article 22 of the Law on temporary detention or custody 2015;
Meeting the persons held in temporary detention or custody who are foreigners shall comply with the above provisions. The representative of Vietnam’s diplomatic mission or representative of the Vietnam Red Cross can be invited during the contact or meeting.
What are the benefits of healthcare for minors held in temporary detention or custody in Vietnam?
According to Article 30 of the Law on temporary detention or custody 2015 as follows:
- 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.
- 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 of 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.
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