In Vietnam: Is it permissible for persons isolated in the solitary confinement to receive presents from relatives?

Pursuant to Article 23 of the Law on Temporary Detention or Custody in 2015 stipulating regulations on disciplining the persons held in temporary detention or custody who breach rules of custody facility or regulations on custody management in Vietnam as follows:

- Where the persons 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 by one of the following forms:

+ Caution;

+ Being isolated in solitary confinement from 01 to 02 days and can be extended up to 02 days for the persons held in temporary detention; being isolated in the discipline cell from 03 to 07 days and can be extended up to 10 days for the persons held in temporary custody. The duration of isolation shall not exceed the remaining duration of temporary detention or custody.

- The discipline is exercised in the form of isolation if the persons held in temporary detention or custody breach the rules of custody facility or regulation on custody management from 02 times or more or have acts specified in Clause 5 and 7, Article 8 of this Law.

- If the persons are isolated in the solitary confinement have drastic acts against the custody facility, commit suicide, self-injury, infringe the others’ life and health, they shall be shackled on one leg. The time of shackling shall be decided by the head of custody facility. Do not apply the shackling to the disciplined persons under 18 years of age, women, heavy disabled persons and persons of full 70 years of age or more. During the time of isolation in the solitary confinement, the persons held in temporary detention or custody are restricted to meet, send, receive letter or presents.

- The discipline and restricted meeting, sending or receipt of letters or presents to the persons held in temporary detention or custody shall be decided in writing by the head of custody facility. The record of breach and discipline decision are included in the custody management dossier. If the disciplined persons make progress, the head of custody facility shall decide in writing the reduction of duration of discipline, cancel the restricted meeting, sending or receipt of letters or presents towards such persons.

As regulations above, during the time of isolation in the solitary confinement, the persons held in temporary detention or custody are restricted to receive presents from relatives. There is no regulations on prohibition of the persons held in temporary detention or custody to receive presents. You may contact custody establishment for further information.

Best regards!