In Vietnam: Is it permissible to send administrative detainees, who are sick, to their home for care?

In Vietnam: Is it permissible to send administrative detainees, who are sick, to their home for care?

Pursuant to Clause 1 Article 29 of the Decree 142/2021/NĐ-CP stipulating handling of sick administrative detainees in Vietnam as follows:

a) If an administrative detainee falls ill during the time of temporary detention, he/she shall be treated on the spot;

b) In case of emergency medical condition, the agency, unit and person directly managing the detainee shall have to take them to a healthcare facility for treatment, and also notify the immediate family and relatives of the detainee to take care of;

c) In case the family and relatives of the detainee have a petition for sending the detainee home for care and deeming it unnecessary to continue the temporary detention as prescribed at Point a, Clause 1, Article 11, Point a. a, b and point d, Clause 1, Article 21 of this Decree, the competent person may decide to cancel the temporary detention and send them home for medical treatment. Cancellation of the temporary detention shall comply with Clauses 2, 3, 4 and 5, Article 21 of this Decree;

d) In case the detainee does not have a certain place of residence or their family or relatives are far away and fail to come to take care of them in time, the place of temporary detention shall directly be responsible for the care of the detainee.

As regulations above, your son can be sent home for care and treatment after you submit a petition. The competent person may deem it unnecessary to continue the temporary detention and decide to cancel the temporary detention and send your son home for tratement.

In Vietnam: Which entities shall carry out the burial for administrative detainees, who dies without family or relatives?

Pursuant to Clause 2 Article 29 of the Decree 142/2021/NĐ-CP stipulating actions to be taken if an administrative detainee dies during his/her temporary detention period in Vietnam as follows:

a) In case an administrative detainee dies while being held in temporary detention, the person who issued the temporary detention decision must immediately notify the competent investigating agency or procuracy for settlement according to regulations of the law, and also make a record on the death of the detainee and immediately notify the family and relatives of the deceased; the deceased's family is responsible for burying the dead person;

b) In case the administrative detainee dies without family or relatives, the burial shall be carried out by the agency or unit where the temporary detention is held in coordination with the local administration where the temporary detention is held; funeral expenses in this case shall be paid by the state budget in accordance with law;

c) In case the administrative detainee who dies is a foreigner, the person issued the decision on temporary detention under administrative procedures must immediately report to the superior competent agency for immediately noticing to the Ministry of Foreign Affairs or a competent state agency, and coordinate with the consular office or diplomatic mission of the country of which the deceased is a national to coordinate settlement.

As regulations above, in case the administrative detainee dies without family or relatives, the burial shall be carried out by the agency or unit where the temporary detention is held in coordination with the local administration where the temporary detention is held.

What are obligations of administrative detainees in Vietnam?

Pursuant to Clause 2 Article 27 of the Decree 142/2021/NĐ-CP, a detainee has the following obligations:

a) strictly abide by temporary detention decision, internal rules and regulations of the place of temporary detention under administrative procedures;

b) comply with requests and orders of the person issuing the temporary detention decision and the person assigned the task of managing and protecting the place of temporary detention;

c) not to bring into the place of temporary detention weapons, explosives, combat gears, vehicles, electronic devices with the function of receiving and broadcasting, harmful cultural products, alcohol, beer and other addictive substances or items that may affect the order and safety of the place of temporary detention.

Above are obligations of administrative detainees in Vietnam.

Best regards!