Can persons held in temporary custody be extracted for medical treatment in Vietnam?

Can persons held in temporary custody be extracted for medical treatment in Vietnam?

Pursuant to Clause 1, Article 20 of the Law on temporary detention or custody 2015 provides for extraction of persons held in temporary detention or custody as follows:

1. The extraction of persons held in temporary detention or custody is only done when there is the extraction order of the competent person as stipulated by the Criminal Procedure Code, the Law on Criminal Enforcement and this Law in the following cases:

a) For investigation, prosecution, judgment and execution;

b) For examination, treatment, forensic assessment, forensic psychiatric assessment;

c) For meeting relative, advocate or legal representative to exercise some rights and obligations prescribed by law;

d) The foreigners held in temporary detention or custody upon consular contact or contact with humanitarian organizations in accordance with the international agreements in which the Socialist Republic of Vietnam is a member or by the agreement between the Socialist Republic of Vietnam with the country having the persons held in temporary detention or custody or for foreign reasons for each specific case.

Thus, with the case you are referring to person held in temporary custody, if there is an extraction order from the competent person as prescribed, can be extracted for medical treatment in Vietnam.

What do contents of extraction order in Vietnam comprise?

Clause 3 of Article 20 of the Law on temporary detention or custody 2015 stipulates the extraction order must have the following main contents:

a) Name of body, full name, position and rank of person giving the order;

b) Full name, date of birth, nationality, residence, acts of law violation, date of temporary detention or custody of the extracted person.

c) Purpose and duration of extraction;

d) Full name, position, rank and body of the person escorting the extracted person or the body carrying out the escorting;

dd) Full name, position, rank (if any) of the person receiving the extraction of the body having the authority to order the extraction;

e) Date, month and year of order and signature of the ordering person and seal.

Best Regards!