What are meal standards for detainees violating administrative laws on April 30th, 2024 in Vietnam?

What are meal standards for detainees violating administrative laws on April 30th, 2024 in Vietnam?

Pursuant to Article 28 of the Decree 142/2021/ND-CP stipulating meal standards for detainees according to administrative procedures in Vietnam:

Meal standards for detainees

1. In case the detainee or his/her family cannot provide for themselves, the agency or unit of the person competent to issue the decision on temporary detention shall have to ensure the meal standards for the detainee according to the quantitative standard of 0.6 kg of ordinary rice per person per day; 0.1 kg of pork; 0.5 kg of vegetables; 1 liter of drinking water that is boiled and cooled; fish sauce, salt, suitable fuel. This meal standard is covered by the state budget and converted into money according to the market price in each locality from time to time.

2. The meal standard for detainees during public holidays and New Year's Eve shall be implemented as follows:

a) During the Lunar New Year, detainees may eat more, but the amount of food (including extra meals) must not exceed 05 times the meal standard on a weekday;

b) On public holidays or New Year's Day, detainees may eat more, but not more than 03 times the standard meal on weekdays;

c) The agency where the temporary detention is located may decide to change the amount of food mentioned above to suit the reality and taste of the detained person to ensure that they can eat up the meal standard.

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As regulated above, on the public holiday of April 30th, 2024, detainees may eat more, but not more than 03 times the standard meal on weekdays.

The normal daily diet for detainees according to administrative procedures in Vietnam is implemented according to the following quantitative standards per person per day: 0.6 kg of ordinary rice per person per day; 0.1 kg of pork; 0.5 kg of vegetables; 1 liter of drinking water that is boiled and cooled; fish sauce, salt, suitable fuel.

The agency where the temporary detention is located may decide to change the amount of food mentioned above to suit the reality and taste of the detained person to ensure that they can eat up the meal standard.

What are meal standards for detainees violating administrative laws on April 30th, 2024 in Vietnam? - image from internet

What is the time limit for custody of involved persons according to administrative procedures in Vietnam?

Pursuant to Clause 3 Article 122 of the Law on handling administrative violations in 2012 (amended by Clause 61.b Article 1 of the Law on amendments to the Law on handling administrative violations in 2020) stipulating the time limit for custody of involved persons according to administrative procedures in Vietnam:

Custody of involved persons according to administrative procedures

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3. The administrative detention duration shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceeding 24 hours from the start time of detention; in case of the detention of administrative violators at border areas or remote, isolated mountainous areas or islands, the detention duration shall start from the time the violators are escorted to detention facilities.

In case of the sanction of detention imposed to assess the drug addiction state as prescribed at point dd of clause 4 of this Article, the detention duration may be longer but not exceeding 05 days from the detention start time.

Persons detained aboard aircraft or seagoing vessels must be immediately transferred to competent authorities promptly after aircraft arrive at the airport or seagoing vessels arrive at the port.

As regulated above, the administrative detention duration shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceeding 24 hours from the start time of detention. In case of the detention of administrative violators at border areas or remote, isolated mountainous areas or islands, the detention duration shall start from the time the violators are escorted to detention facilities.

In case of the sanction of detention imposed to assess the drug addiction state, the detention duration may be longer but not exceeding 05 days from the detention start time.

What are cases of application of custody of involved persons according to administrative procedures in Vietnam?

Pursuant to Clause 1 Article 122 of the Law on handling administrative violations in 2012 (amended by Clause 61.a Article 1 of the Law on amendments to the Law on handling administrative violations in 2020), the administrative sanction imposed in the detention form shall only be applied in the following cases:

- It is necessary to immediately stop or militate against acts of disturbance of public order or injuring other persons;

- It is necessary to deter and prevent acts of smuggling and illegal cross-border transportation of goods;

- The detention is a way to ensure the execution of the sanction of sending violators to reform schools, sending violators to compulsory educational establishments and sending violators to compulsory detoxification centers;

- Persons committing acts of domestic violence violate contact prohibition decisions according to the provisions of laws on domestic violence prevention and control;

- It is necessary to define the current state of addiction to narcotics of persons illegally using narcotics.

Best regards!