In Vietnam: Shall people committing misdemeanor punishable be kept in detention?

In Vietnam: Shall people committing misdemeanor punishable be kept in detention?

Pursuant to Clause 2 Article 119 of the Criminal Procedure Code in 2015, detention may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:

a) Such persons commit crimes despite of existing preventive measures against them;

b) No definite place of residence is known or a defendant's identity is unidentified;

c) Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;

d) Such persons continue criminal acts or are evidently going to continue crimes;

dd) Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

As regulations above, if your friend committing misdemeanor punishable and there are grounds as above, he shall be kept in detention.

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

Pursuant to Article 9 of the Law on Temporary Detention or Custody in 2015 stipulating as follows:

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.

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

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

b) Comply with the rules of detention center, the provisions of this Law and other relevant laws.

Best regards!