Vietnam: It is required to notify in writing or by phone after issuing the temporary detention decision

Vietnam: It is required to notify in writing or by phone after issuing the temporary detention decision (Illustration image)

Accordingly, Decree 112/2013/ND-CP specifies the procedures for notification of temporary detention decisions in Vietnam as follows:

- Immediately after issuing the temporary detention decision, upon the request of the detainee, the person who issued the temporary detention decision must notify in writing, by phone, fax, or other means of communication about the administrative temporary detention decision to the family, organization where the detainee works/studies. If notification cannot be made, it must be reported to the detainee and recorded in the administrative detention logbook;

- In cases of detaining minors for administrative violations at night or for more than 6 hours, the person who issued the temporary detention decision must immediately notify their parents or guardians. If parents or guardians cannot be identified or for objective reasons, the notification cannot be made, it must be reported to the detainee and recorded in the administrative detention logbook;

- If the detainee is a foreign national, the person who issued the temporary detention decision must immediately report to the superior competent authority to notify the Ministry of Foreign Affairs (provinces from Thua Thien Hue and northward notify the Consular Department, other provinces notify the Ho Chi Minh City Department of Foreign Affairs) to inform the diplomatic or consular mission of the country of which the person is a national; additionally, coordinate with the Ministry of Foreign Affairs to arrange for the representative of the diplomatic or consular mission to meet with the detainee if requested and to handle other related diplomatic issues.

Details can be found in Decree 112/2013/ND-CP effective from November 17, 2013.

Ty Na

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