What is consular contact in Vietnam? In what cases are persons with foreign nationality who held in temporary detention in Vietnam not allowed to have consular contact in Vietnam?
Please ask: What is consular contact in Vietnam? In what cases are persons with foreign nationality who held in temporary detention in Vietnam not allowed to have consular contact in Vietnam? Please advise.
What is consular contact in Vietnam?
Pursuant to Clause 1, Article 13 of Decree 120/2017/ND-CP regulating organization of consular contact for persons held in temporary detention or custody who are foreigners:
Organization of consular contact for persons held in temporary detention or custody who are foreigners
1. Consular contact is the activity of diplomatic public employees and consuls of the diplomatic agency or consular office of the country whose nationality the person held in temporary detention or custody comes to conduct consular contact.
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Thus, consular contact is the activity of diplomatic public employees and consuls of foreign diplomatic missions and consulates in Vietnam meeting and exchanging with foreigners held in temporary detention or custody and served prison sentences in Vietnam.
Consular contact is for the purposes of:
- Ensure the legitimate rights and interests of foreigners held in temporary detention or custody, or serving prison sentences in Vietnam.
- Support foreigners in exercising their rights and obligations under Vietnamese law.
- Create conditions for foreigners to contact family, relatives and representative agencies of their country in Vietnam.
Foreign diplomatic missions and consulates that request consular contact must send a written request to the Ministry of Foreign Affairs.
What is consular contact in Vietnam? In what cases are persons with foreign nationality who held in temporary detention in Vietnam not allowed to have consular contact in Vietnam? (Image from the Internet)
In what cases are persons with foreign nationality who held in temporary detention in Vietnam not allowed to have consular contact in Vietnam?
Pursuant to Article 14 of Decree 120/2017/ND-CP stipulates that foreigners held in temporary detention or custody in Vietnam are not allowed to have consular contact in the following cases:
- Foreigners held in temporary detention or custody refuse consular contact.
- For urgent reasons to ensure security, order and safety of the detention facility.
- When an epidemic occurs at a detention facility.
- When providing first aid to detainees, detainees, or detainees who are suffering from group A infectious diseases.
- The person coming to contact the consulate violates the regulations of the detention facility.
- A foreigner held in temporary detention violates the detention facility's regulations and is being disciplined.
What are responsibilities of visitor of consular contact in Vietnam?
Pursuant to Article 17 of Decree 120/2017/ND-CP regulating the responsibilities of consular contacts:
Responsibilities of visitor for consular contact
1. Present a consular introduction letter, passport or diplomatic card; The interpreter must have identification documents and be introduced by a diplomatic agency.
2. Strictly comply with the regulations of the detention facility, only carry out the contact contents stated in the request, and be subject to the monitoring and supervision of the detention facility or the agency handling the case.
The sending of letters, gifts, money, books, newspapers, and household items during consular meetings shall comply with the provisions of Clause 2, Article 27 and Article 29 of the Law on Enforcement of Custody and Temporary Detention.
3. Do not transfer to persons held in temporary detention or custody items on the list of items prohibited from being brought into detention facilities or contact or contact other people in the consular contact area.
4. Strictly comply with the provisions of Vietnamese law, do not use words or gestures to show support for illegal acts of persons held in temporary detention or custody.
5. During consular meetings, you are not allowed to use video, audio, photography or other technical devices without the consent of the detention facility.
6. Do not conduct activities other than consular contacts.
According to this Article, the visitor for consular contact has the following responsibilities:
- Present a consular introduction letter, passport or diplomatic card; The interpreter must have identification documents and be introduced by a diplomatic agency.
- Strictly comply with the regulations of the detention facility, only carry out the contact contents stated in the request, and be subject to the monitoring and supervision of the detention facility or the agency handling the case.
- Do not transfer to persons held in temporary detention or custody items on the list of items prohibited from being brought into detention facilities or contact or contact with other people in the consular contact area.
- Strictly comply with the provisions of Vietnamese law, do not use words or gestures to show support for illegal acts of persons held in temporary detention or custody.
- During consular meetings, you are not allowed to use video, audio, photography or other technical devices without the consent of the detention facility.
- Do not conduct activities other than consular contact content.
Best regards!
