Vietnam: Who have the competence to decide on holding persons in custody according to administrative procedures?

According to Clause 3 Article 1 of Decree No. 17/2016/ND-CP of Vietnam’s Government amending Article 12 of Decree No. 112/2013/ND-CP, the following persons may decide on holding persons in custody according to administrative procedures:

- Chairpersons of commune-level People’s Committees, chiefs of ward police offices;

- Chiefs of district-level police offices;

- Chiefs of police offices for administrative management of social order, chiefs of order police offices, chiefs of road and railway traffic police offices, chiefs of waterway police offices, chiefs of police offices for investigation of economic management order and position- related crimes, chiefs of police offices for investigation of social order-related crimes, chiefs of police offices for investigation of drug-related crimes, heads of immigration management sections of provincial-level Police Departments; chiefs of police offices for criminal judgment enforcement and judicial assistance, and chiefs of police offices for environmental crime prevention and combat;

- Chiefs of mobile police units at the company or higher level, heads of border-gate public security stations;

- Heads of district-level forest protection offices, heads of mobile forest protection teams;

- Heads of district-level customs branches, heads of control teams of provincial-level Customs Department, heads of control teams for anti-smuggling, and captains of marine control flotillas of the Anti-Smuggling Investigation Department of the General Department of Customs;

- Heads of market control teams;

- Commanders of border-guard sub-zones, commanders of port border guards, commanders of border-guard fleets, commanders of border-guard flotillas, heads of border-guard stations and heads of border-guard units stationed in border areas and islands;

- Captains of marine police flotillas, captains of marine police fleets, commanders of marine police zones;

- Persons in command of aircraft, shipmasters and trainmasters in case aircraft, ships or trains have departed from airports, seaports or railway stations;

- Judges chairing court hearings.

Except for persons in command of aircraft, shipmasters and trainmasters in case aircraft, ships or trains have departed from airports, seaports or railway stations, fudges chairing court hearings, the remaining persons mentioned above may empower their deputies. The empowerment shall be made only when the heads are absent and expressed in writing, clearly stating the scope, contents and duration of empowerment. Empowered deputies shall take responsibility for their decisions before their heads and law. Empowered persons may not further empower or authorize any other persons.

View other provisions at: Decree No. 17/2016/ND-CP of Vietnam’s Government takes effect from May 02, 2016.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE