Regulations on the Establishment, Management, and Storage of Dossiers for Temporary Detention and Custody Management

According to the provisions of Article 9 of Circular 23/2018/TT-BQP, the creation, management, and storage of temporary detention and custody management records are implemented in the following cases:

- The detainee or person in custody is released;- The detainee or person in custody is subjected to a different preventative measure instead of detention;- The detainee or person in custody dies or escapes.

The creation and transfer of temporary detention and custody management records are implemented in the following cases:

- The detainee or person in custody is transferred to another detention or custody facility, or serves a prison sentence at a different detention facility;- The person sentenced to death has a decision to execute the death sentence from the Execution Council.

The creation of temporary detention and custody management records is directly carried out by the individuals specified in Clause 2, Article 6 of Circular 23/2018/TT-BQP; who are responsible before the law and before the Head of the temporary detention or custody facility.

Temporary detention and custody management records are created from the time of receiving the detainee or person in custody and terminate when they die, escape during detention, are released, transferred to serve a prison sentence, or are executed according to decisions from competent authorities.

Documents included in the records must be arranged in chronological order of issuance as follows:

- Documents issued first are arranged first, documents issued later are arranged later;- Only documents with verifiable evidence (signature, seal) are included in the records.

Documents regarding temporary detention and custody sent by agencies, organizations, or individuals must comply with the regulations of the Ministry of National Defense on clerical and archival work before being included in the temporary detention and custody management records.

Documents included in the records must be bound, sealed, numbered in sequence, and recorded in the document inventory list in the records.

When records are terminated, an inventory list of documents included in the records must be created, signed by the record creator, and signed and sealed by the head of the temporary detention or custody facility.

Documents included in temporary detention and custody management records are implemented according to the provisions of Clauses 1 and 2, Article 17 of the Law on Temporary Detention and Custody Enforcement.

The order of arrangement, method of sealing, and numbering of documents in the records are implemented according to the guidelines of the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

For further details, refer to: Circular 23/2018/TT-BQP effective April 27, 2018.

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