The Government of Vietnam provides opinions on the proposal to draft the Law on Temporary Detention, Custody, and Prohibition from Leaving the Place of Residence in Vietnam

The Government of Vietnam provides opinions on the proposal to draft the Law on Temporary Detention, Custody, and Prohibition from Leaving the Place of Residence in Vietnam​ (Image from the Internet)

On December 17, 2024, the Government of Vietnam issued Resolution 240/NQ-CP regarding the Session on Developing Legislation of November 2024, which includes giving opinions on the proposal for developing the Law on Temporary Detention, Custody, and Prohibition from Leaving the Place of Residence.

The Government of Vietnam provides opinions on the proposal to draft the Law on Temporary Detention, Custody, and Prohibition from Leaving the Place of Residence in Vietnam​ 

The Government of Vietnam highly appreciates the Ministry of Public Security of Vietnam for actively and proactively cooperating with relevant ministries and agencies to formulate the Proposal to build this Law and submit it to the Government of Vietnam in accordance with the provisions of the Law on Promulgation of Legal Documents.

There is consensus on the necessity of drafting this Law to continue institutionalizing the viewpoints and directions of the Vietnam Communist Party, provisions of the Constitution concerning human rights, and the fundamental rights of citizens; to address difficulties and obstacles in implementing the current Law on Temporary Detention, Temporary Custody; to ensure the application of science, technology, particularly information technology; to innovate management methods, and to enhance the effectiveness and efficiency, contributing to maintaining public order and social security.

The Ministry of Public Security of Vietnam is required to thoroughly review and incorporate the opinions of the Government members, relevant agencies, and complete the Proposal dossier for the Law, with the following requirements:

- Continue to summarize the laws and related regulations, inherit rules that have proven to be effective in practice, and amend and supplement provisions to handle practical issues.

Review to ensure compliance with the Constitution and the harmony and consistency with other legal documents such as the Criminal Code, Criminal Procedure Code, Law on Medical Examination and Treatment... Conduct thorough policy impact assessments to ensure that the proposed policies are reasonable, feasible, and efficient.

Actively consult with experts, scientists, especially reference international experience in managing detained and temporarily detained persons, and implement selective consultation appropriate to Vietnam's characteristics, conditions, and culture. Enhance decentralization and delegation associated with emphasizing the responsibility of leaders;

(1) For Policy 1: Essentially agree with the objective and content of the policy to expand the scope of regulation, including the enforcement of the prohibition from leaving the place of residence, and agree to rename the Law as the Law on Temporary Detention, Custody, and Prohibition from Leaving the Place of Residence to address difficulties and problems encountered in practice.

Regarding electronic supervision for individuals subjected to the prohibition from leaving the place of residence, if necessary, study and stipulate general principles, authority, and conditions for application in the Law, and delegate to the Government of Vietnam the responsibility to provide specific and stringent regulations on the conditions, processes, and procedures for implementation, ensuring alignment with the Communist Party's orientations, practicality, and appropriate authority;

(2) For Policy 2: Essentially agree with the objective and content of the policy aimed at enhancing the effectiveness and efficiency of managing and monitoring detainees and temporarily detained individuals, addressing the requirements of modern detention management. However, the policy includes many proposed additional provisions, necessitating continuous review and specific impact assessments for the proposals and anticipated content to be specifically regulated to ensure effectiveness and feasibility;

(3) For Policy 3: Essentially agree with the objective and content of the policy to better define policies and provisions, especially for detainees, temporarily detained persons who are pregnant or nurturing children under 36 months old, and death row inmates in temporary detention. However, this policy is associated with numerous legal documents such as the Criminal Procedure Code, Law on Medical Examination and Treatment, Law on Children, Law on Identity, Law on the Organization of Criminal Investigation Agencies... Therefore, continuous research and review are necessary to ensure consistency and harmony within the legal system.

The Ministry of Public Security of Vietnam is tasked to preside in collaboration with the Ministry of Justice and the Office of the Government of Vietnam for a detailed review and completion of the Proposal dossier; submit to the Ministry of Justice for compilation.

Assign the Minister of Justice, authorized by the Prime Minister of Vietnam, to represent the Government of Vietnam and sign the submission to the National Assembly and the Standing Committee of the National Assembly to add this Law project to the legislative and ordinance development program for 2025 of the National Assembly (National Assembly to express opinions in the 9th session, and approve in the 10th session of the 15th National Assembly).

More details can be found in Resolution 240/NQ-CP dated December 17, 2024.

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