What are the regulations on meal standards for administrative detainees in Vietnam?

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

What are the regulations on meal standards for administrative detainees in Vietnam?

Pursuant to Article 28 of Decree 142/2021/ND-CP regulating meal standards for administrative detainees:

Article 28. Meal standards for detainees

1. In case the detainee or his/her family cannot provide for themselves, the agency or unit of the person competent to issue the decision on temporary detention shall have to ensure the meal standards for the detainee according to the quantitative standard of 0.6 kg of ordinary rice per person per day; 0.1 kg of pork; 0.5 kg of vegetables; 1 liter of drinking water that is boiled and cooled; fish sauce, salt, suitable fuel.  This meal standard is covered by the state budget and converted into money according to the market price in each locality from time to time.

2. The meal standard for detainees during public holidays and New Year's Eve shall be implemented as follows:

a) During the Lunar New Year, detainees may eat more, but the amount of food (including extra meals) must not exceed 05 times the meal standard on a weekday;

b) On public holidays or New Year's Day, detainees may eat more, but not more than 03 times the standard meal on weekdays;

c) The agency where the temporary detention is located may decide to change the amount of food mentioned above to suit the reality and taste of the detained person to ensure that they can eat up the meal standard.

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Thus, people detained according to administrative procedures are guaranteed a standard diet per person/day as follows: 0.6 kg of regular rice; 0.1 kg pork; 0.5 kg of vegetables; 01 liter of drinking water is boiled and cooled; Fish sauce, salt, suitable fuel.

During the Lunar New Year, detainees will receive additional meals with a total amount of food not exceeding 5 times the normal daily food standard. During holidays and New Year, detainees are allowed to eat no more than 3 times the normal daily meal standard.

Note: The agency at the place of detention can decide to change the above food quantity to suit the reality and taste of the detainee to ensure that they can eat up to the standard.

What is the administrative detention duration in Vietnam?

Pursuant to Clause 3, Article 122 of the Law on Handling of Administrative Violations 2012, amended by Point b, Clause 61, Article 1 of the Law amending Law on Handling of Administrative Violations 2020, sthe administrative detention duration is as follows:

Article 122. Custody of involved persons according to administrative procedures

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3. The administrative detention duration shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceeding 24 hours from the start time of detention; in case of the detention of administrative violators at border areas or remote, isolated mountainous areas or islands, the detention duration shall start from the time the violators are escorted to detention facilities.

In case of the sanction of detention imposed to assess the drug addiction state as prescribed at point dd of clause 4 of this Article, the detention duration may be longer but not exceeding 05 days from the detention start time.

Persons detained aboard aircraft or seagoing vessels must be immediately transferred to competent authorities promptly after aircraft arrive at the airport or seagoing vessels arrive at the port.

Thus, The administrative detention duration shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceeding 24 hours from the start time of detention; in case of the detention of administrative violators at border areas or remote, isolated mountainous areas or islands, the detention duration shall start from the time the violators are escorted to detention facilities.

In case of the sanction of detention imposed to assess the drug addiction state, the detention duration may be longer but not exceeding 05 days from the detention start time.

What are the regulations on receipt of administrative detainees in Vietnam? 

Article 24 of Decree 142/2021/ND-CP stipulates the receipt of administrative detainees

When receiving an administrative detainee, the person assigned to receive and manage the detainee must:

- Examine and compare the decision on temporary detention with the administrative detainee.

- Check and record the health status of the administrative detainee.

- Check the personal belongings and objects of the detainee that are allowed to carry;

- Disseminate the rights and obligations of detainees;

- Disseminate the regulations of the temporary detention place and other relevant regulations.

- Record the information of the administrative detainee into the logbook.

Best regards!

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