Vietnam: Rights and obligations of persons held in temporary detention or custody

The Law on temporary detention or custody 2015 of Vietnam was promulgated on November 25, 2015 and officially effective from January 01, 2018, of which one of the important contents is the regulation on the rights and obligations of persons held in temporary detention or custody.

Specifically, according to Article 9 of the Law on temporary detention or custody 2015 of Vietnam, the persons held in temporary detention or custody have the following rights:

- Their life, body and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;

- They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies and referendum rights in accordance with the Law on referendum.

- Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;

- They can meet their relatives, advocate or make consular contact;

- Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;

- Meet with legal representative to carry out civil transactions;

- Require to be released upon the end of temporary detention or custody period.

- Make complaint, denunciation of acts of law violation;

- Receive compensation in accordance with the provisions of Law on compensation liability of the State in case of illegal detention or custody;

- Be entitled to other rights of citizens if not being restricted by this Law or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.

In addition to rights, the persons held in temporary detention or custody have the following obligations:

- Comply with decisions, requirements and instructions of the body and person having the authority to manage and exercise the temporary detention or custody.

- Comply with the rules of detention center, the provisions of this Law and other relevant laws.

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