How many times do persons held in temporary custody meet their relatives in Vietnam?

How many times do persons held in temporary custody meet their relatives in Vietnam?

Pursuant to Article 22 of the Law on temporary detention or custody 2015 has the following provisions:

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.

2. The persons coming for meeting must present their personal papers and papers demonstrating the relation with the persons held in temporary detention or custody if they are their relatives. The meeting must be under the strict control and monitoring of detention facility and does not affect the criminal proceedings of the competent body or person; must comply with regulations on meeting. In case of requirements from the body handling the case, coordinate with the custody facility to monitor and follow the meetings.

The head of custody facility shall decide the time of meeting and inform the body handling the case of such meeting.

3. The advocate can meet the persons held in temporary detention or custody for his/her advocacy in accordance with the provisions of the Criminal Procedure Code and this Law at the working room of the custody facility or the place where the persons held in temporary detention or custody are being examined or treated; must present personal papers and advocacy papers.

4. The head of custody facility shall not agree upon the meeting to the persons held in temporary detention or custody in the following cases with stated reasons:

a) The relatives fail to present their personal papers or papers demonstrating the relation with the persons held in temporary detention or custody or the body handling the case issues a written requirement not permitting the persons held in temporary detention or custody to meet their relatives due to possible serious effect on the settlement of the case; the advocate fails to present his/her personal papers or papers concerning the advocacy to the persons held in temporary detention or custody;

b) In case of emergency to safely protect the custody facility or arrest the persons held in temporary detention or custody who flee;

c) When there is disease occurrence in the area with custody facility;

d) When giving the emergency aid to the persons held in temporary detention or custody or when they are suffering from infectious diseases of Group A;

dd) When questioning or interrogating the persons held in temporary detention or custody or when they are involved in other procedural activities;

e) The persons held in temporary detention or custody do not want to have a meeting. In this case, the person coming for meeting can see the persons held in temporary detention or custody directly to confirm the refusal of meeting.

g) The persons coming for meeting intentionally breach the rules of custody facility or regulations on custody management from 02 times or more;

h) The persons held in temporary detention or custody are being disciplined in accordance with the provisions in Clause 3, Article 23 of this Law.

5. Meeting the persons held in temporary detention or custody who are foreigners shall comply with the provisions in Clauses 1, 2, 3 and 4 of this Article. The consular contact or contact with humanitarian organizations shall comply with the international treaties in which the Socialist Republic of Vietnam is a member or under the international agreements or agreements on each specific case between the Socialist Republic of Vietnam and the country having the persons held in temporary detention or custody or the humanitarian organizations. The representative of Vietnam’s diplomatic mission or representative of Vietnam Red Cross can be invited during the contact or meeting.

The government stipulates in detail this Clause.

Thus, according to the above regulations in Vietnam, persons held in temporary custody are allowed to meet their relatives once a month. However, if you have a good reason, you can ask permission from the agency that is handling your child's case to meet your child more.

What does relative of the person held in temporary custody in Vietnam comprise?

Pursuant to Clause 8, Article 3 of the Law on temporary detention or custody 2015 stipulates:

8. 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;

Best Regards!