Extraction of persons held in temporary detention or custody according to Vietnam’s regulations

1. Cases of extraction of persons held in temporary detention or custody

According to Clause 1 Article 20 of the Law on temporary detention or custody 2015 of Vietnam, the extraction of persons held in temporary detention or custody shall be done in the following cases:

- For investigation, prosecution, judgment and execution;

- For examination, treatment, forensic assessment, forensic psychiatric assessment;

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

- 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.

Where the Superintendent of custody center, the Head of detention center and the Head of detention cell of the border post carry out the extraction of persons held in temporary detention or custody for examination or treatment, they must inform immediately the body handling the case and the competent Procuracy.

2. Content of the extraction order

The extraction order must have the following main contents:

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

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

- Purpose and duration of extraction;

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

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

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

Funding for escorting and food for the extracted person is guided by Article 9 of Decree No. 120/2017/NĐ-CP of Vietnam’s Government.

This is the content specified in Clause 3 Article 20 of the Law on temporary detention or custody 2015 of Vietnam.

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