Vietnam: What are the responsibilities of persons assigned to manage administrative detainees?

Recently, the Government of Vietnam issued Decree 112/2013/ND-CP on deportation, temporary detention, escort of violators under administrative regulations and management of foreigners violating Vietnamese law whilst deportation is in progress.

Responsibilities  of  the  person  assigned  to  manage  detainees,  Decree  112/2013/ND-CP

Vietnam: What are the responsibilities of persons assigned to manage administrative detainees? (Illustrative image)

Decree 112/2013/ND-CP stipulates the responsibilities of persons assigned to manage administrative detainees and protect temporary detention places in Vietnam:

- Regularly supervise, protect, and look after detainees.

In case the detainee shows unusual psychological, health, or behavioral signs or any circumstances related to the violation or other violations by different individuals are found, they must report immediately to the competent person who issued the temporary detention decision to take timely handling measures.

If detecting that the detainee has hidden weapons, explosives, combat gear, material evidence, and instruments of violation, a record must be made on the seizure of weapons, explosives, combat gear, material evidence, and instruments of administrative violations.

If the detainee has injuries or abnormal health conditions, a record must be made on the detainee's health status and immediately reported to the competent person who issued the temporary detention decision to take timely handling measures.

- Personal belongings and property of the detainee must be deposited at the temporary detention place.

The handing over and receipt of deposited personal belongings and property must be fully and specifically recorded in the detention tracking book and signed by the detainee.

If the deposited personal belongings and property are numerous or of high value, a separate handover record must be made, detailing the quantity, type, symbols, form, and condition of the items, as well as other relevant matters.

The record must be made in two copies, signed by the detainee and the person receiving the property, and one copy must be given to the detainee.

At the end of the detention period or when transferred to another place, the detainee must receive his/her deposited property in full. If the person entrusted with the personal belongings and property causes loss or damage, she/he must compensate according to legal provisions.

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

Ty Na

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