Who can persons held in temporary detention or custody meet in Vietnam? Do persons held in custody still have right to vote in Vietnam?

Who can persons held in temporary detention or custody meet in Vietnam? 

Who can persons held in temporary detention or custody meet in Vietnam? Can I ask who persons held in temporary detention can meet?

Reply:

According to Point d and Point e, Clause 1, Article 9 of the Law on Temporary detention and Custody 2015, persons held in temporary detention or custody have the following rights:

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

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

e) Meet with legal representative to carry out civil transactions;

Among them, Relative of the person held in temporary detention or custody is the person having the parental and maternal relation; is the natural parents, adoptive parents, spouse’s husband, spouse, siblings, natural child, adopted child, son-in-law, daughter-in-law, parental and maternal grandparents of the person held in temporary detention or custody; (Clause 8, Article 3 of the Law on Temporary detention and Custody 2015).

Thus, during the time of temporary detention or custody in Vietnam, the persons held in temporary detention or custody can meet the people listed above.

Who can persons held in temporary detention or custody meet in Vietnam? Do persons held in custody still have right to vote in Vietnam? (Image from the Internet)

Is it possible for persons held in temporary detention to only meet their relatives once during their detention period in Vietnam?

Is a person held in temporary detention only allowed to meet relatives once during the entire detention period? Is it true that persons held in temporary detention can only meet their relatives once during their detention period?

Reply:

Pursuant to Clause 1, Article 22 of the Law on Temporary detention and Custody 2015 stipulates:

1. The persons held in temporary detention can meet their relatives one time during temporary detention and one time in each time of detention extension. The persons held in temporary custody can meet their relatives one time in a month; in case of increased times of meeting or the persons to be met are not their relatives, there must be the approval from the body handling the case. The time for each meeting is within an hour.

Clause 2, Article 118 of the 2015 Criminal Procedure Code has regulations on time spent in temporary detainment, in which:

2. The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.

Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.

Thus, according to the law in Vietnam, detention can be extended no more than 2 times. Based on the above regulations, in case the detention is extended twice, during this temporary detention period the detainee is allowed to meet relatives up to 03 times. In case the detention is not extended, the person held in temporary detention will be allowed to meet relatives up to 3 times during this temporary detention period. The person held in temporary detention is only allowed to meet relatives once.

Do persons held in custody still have right to vote in Vietnam? 

Do persons held in custody still have right to vote in Vietnam?  Ask for advice on the rights of persons held in temporary detention. I heard they still have the right to vote, is that true?

Reply:

Pursuant to Clause 1, Article 9 of the Law on Temporary detention and Custody 2015, it is stipulated: Persons held in temporary detention or custody have the following rights:

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

a) 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;

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

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

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

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

e) Meet with legal representative to carry out civil transactions;

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

h) Make complaint, denunciation of acts of law violation;

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

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

Thus, according to this regulation, persons held in temporary detention can still exercise the right to vote according to the provisions of the Law on Election of National Assembly Deputies and People's Council Deputies in Vietnam, and the right to vote in referendums according to the provisions of the Law on Election of Deputies to the National Assembly and People's Councils for people's will.

Best regards!