What are the cases of temporary detention of people under administrative procedures in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

What are the cases of temporary detention of people under administrative procedures in Vietnam?

Pursuant to Article 16 of Decree 142/2021/ND-CP regulating temporary detention of people under administrative procedures, the temporary detention of a person under administrative procedures is only imposed in the following cases:

[1] It is necessary to immediately prevent and stop acts of disturbing public order and causing injury to others.

[2] It is necessary to immediately prevent and stop the act of smuggling and illegally transporting goods across the border.

[3] To enforce decisions on sending offenders to reformatories, correctional facilities, compulsory detoxification centers.

[4] The person who commits domestic violence violates the no contact order prescribed in the law on domestic violence prevention and control.

[5] To determine the level of drug addiction for illegal drug users.

What are the cases of cancellation of imposition of temporary detention on administrative detainees in Vietnam?

Pursuant to Article 21 of Decree 142/2021/ND-CP regulating the cancellation of imposition of temporary detention on administrative detainees:

Cancellation of imposition of temporary detention on administrative detainees

1. The cancellation of imposition of temporary detention on administrative detainees shall be effected when:

a) The time limit for temporary detention under administrative procedures has expired;

b) The detainee is ill as prescribed in Clause 1, Article 29 of this Decree;

c) There are grounds to believe that the illegal acts of the administrative detainee show signs of crime;

d) The grounds for temporary detention under administrative procedures have ended but the time limit for temporary detention stated in the temporary detention decision has not yet expired.

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Thus, The cancellation of imposition of temporary detention on administrative detainees shall be effected when the time limit for temporary detention under administrative procedures has expired or when the detainee is ill and needs emergency treatment or needs to be taken home for care according to the law.

In addition, when there are grounds to believe that the illegal acts of the administrative detainee show signs of crime or grounds for temporary detention under administrative procedures have ended but the time limit for temporary detention stated in the temporary detention decision has not yet expired, the agency shall authority also issued a decision to cancel the imposition of temporary detention on administrative detainees.

What are the places for temporary detention on administrative detainees in Vietnam?

Pursuant to Clause 5, Article 122 of the Law on Handling of Administrative Violations 2012, amended by Point c, Clause 61, Article 1 of the Law on Handling of Administrative Violations, amended 2020, regulations on temporary detention are as follows:

Temporary detention on administrative detainees

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5. Administrative detention facilities must be administrative detention houses or rooms located at the offices of the agencies or units where the persons having authority to issue detention decisions are serving. If there is none of administrative detention houses or rooms, the detention may take place at on-call duty rooms or other rooms at workplace, but must conform to general regulations.

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For cases of detention of the persons regulated at point dd of clause 1 of this Article, detention places must be detention areas located at compulsory detoxification centers of provinces or centrally run cities, detention houses or booths.

For aircraft, ships or trains already leaving airports, ports, stations or terminals, depending on the specific conditions and types of violators, the commanders, captains or masters can decide detention places and assign people to carry out detention activities.

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Thus, the administrative detainees will be detained at administrative detention houses or rooms located at the offices of the agencies or units where the persons having authority to issue detention decisions are serving. If there is none of administrative detention houses or rooms, the detention may take place at on-call duty rooms or other rooms at workplace, but must conform to general regulations.

For cases of detention of the persons to define the current state of addiction to narcotics of persons illegally using narcotics, detention places must be detention areas located at compulsory detoxification centers of provinces or centrally run cities, detention houses or booths.

For aircraft, ships or trains already leaving airports, ports, stations or terminals, depending on the specific conditions and types of violators, the commanders, captains or masters can decide detention places and assign people to carry out detention activities.

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