What are the principles of manage and execution of temporary detention or custody in Vietnam?

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1. What are the principles of manage and execution of temporary detention or custody in Vietnam?

According to Article 4 of the Law on temporary detention or custody 2015, the principles of manage and execution of temporary detention or custody are specified as follows:

- Comply with the Constitution 2013 and the law; ensure the human rights and interests of the State, the legitimate rights and interests of organizations and individuals.

- Ensure strict compliance with order and decision on temporary detention or custody and release of the competent body or person.

- Ensure the humanity, no torture, coercion, corporal punishment or any other form of treatment that infringes the legitimate rights and interests of the person held in temporary detention or custody.

- Ensure the exercise of human rights, citizen’s rights and obligations of the person held in temporary detention or custody if not being restricted by the Law on temporary detention or custody 2015 or other relevant laws.

- Application of measures of manage and custody must be based on the nature and seriousness of offense, age, sex, health; ensure gender equality, rights and legitimate interests of women, children and other personal characteristics of the persons held in temporary detention or custody.

Thus, the principle of temporary detention and custody is the implementation of measures to ensure compliance with the law, respect for and protection of human rights, and humane treatment of people subject to detention management measures.

2. Prohibited acts in custody and temporary detention in Vietnam

According to the provisions of Article 8 of the Law on temporary detention or custody 2015, there are 07 strictly prohibited acts in custody and temporary detention, including:

(1) Execute the torture, coercion, corporal punishment and the forms of brutal and inhumane treatment and punishment, and human humiliation or any other form of infringement of the legitimate rights and interests of persons held in temporary detention or custody.

(2) Fail to obey the order or decision of the bodies or persons having the authority in temporary detention, custody and release.

(3) Illegally detain or release the persons in temporary detention or custody; commit violation in managing, guarding and escorting the persons held in temporary detention or custody.

(4) Hinder the persons held in temporary detention or custody to exercise their rights of relative visitation, counsel, legal assistance, consular contact, complaint, denunciation, human rights and other rights and obligations of citizens in accordance with the Law on temporary detention or custody 2015 and other relevant laws.

(5) Destroy the detention center, damage or intentionally damage the assets of detention center; organize the escape or escape from detention center or escape while being escorted; rescue the persons held in temporary detention or custody.

(6) Fail to comply with the rules of detention center, regulations on custody management, decision or requirement of body or person having the authority to manage and execute the temporary detention or custody.

(7) Exercise or organize, excite, incite, entice, seduce, assist, hide or force others to commit law violation on enforcement of temporary detention or custody; take revenge, infringe life, health, honor, dignity or assets of other persons in exercising the temporary detention or custody.

3. What are the rights and obligations of persons held in temporary detention or custody in Vietnam?

The rights and obligations of persons held in temporary detention or custody are stipulated in Article 9 of the Law on temporary detention or custody 2015 specifically:

- The persons held in temporary detention or custody have the following rights:

+ Their life, body and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;

+ They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies 2015 and referendum rights in accordance with the Law on referendum 2016.

+ Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;

+ They can meet their relatives, advocate or make consular contact;

+ Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;

+ Meet with legal representative to carry out civil transactions;

+ Require to be released upon the end of temporary detention or custody period.

+ Make complaint, denunciation of acts of law violation;

+ Receive compensation in accordance with the provisions of Law on compensation liability of the State 2017 in case of illegal detention or custody;

+ Be entitled to other rights of citizens if not being restricted by the Law on temporary detention or custody 2015 or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.

- The persons held in temporary detention or custody have the following obligations:

+ Comply with decisions, requirements and instructions of the body and person having the authority to manage and exercise the temporary detention or custody.

+ Comply with the rules of detention center, the provisions of the Law on temporary detention or custody 2015w and other relevant laws.

Thus, persons held in temporary detention or custody have the right to have their lives, health, honor, and property protected; to be informed of their rights and obligations; to have a guaranteed living regime and request release upon expiration of the period of temporary detention or custody; to contact lawyers and family; and, at the same time, to comply with the provisions of the law and internal regulations of detention facilities.

Key word: custody and temporary detention | in Vietnam | custody | temporary detention | Vietnam |

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