Custody of involved persons according to administrative procedures is a preventive measure and to ensure handling of administrative violations. The Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam has supplemented 04 cases of applying this preventive measure.
Article table of contents
Specifically, according to Point a Clause 61 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, Clause 1 Article 122 of the Law on handling of administrative violations 2012 is amended as follows:
The administrative sanction imposed in the detention form shall only be applied in the following cases:
1. It is necessary to immediately stop or militate against acts of disturbance of public order or injuring other persons; (regulated in the Law on handling of administrative violations 2012)
2. It is necessary to deter and prevent acts of smuggling and illegal cross-border transportation of goods; (amended and supplemented by Clause 1 Article 102 of the Law on Customs 2014 of Vietnam)
3. The detention is a way to ensure the execution of the sanction of sending violators to reform schools, sending violators to compulsory educational establishments and sending violators to compulsory detoxification centers; (new provision)
4. Persons committing acts of domestic violence violate contact prohibition decisions according to the provisions of laws on domestic violence prevention and control; (new provision)
5. It is necessary to define the current state of addiction to narcotics of persons illegally using narcotics. (new provision)
** Administrative detention duration:
- The administrative detention duration shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceeding 24 hours from the start time of detention; in case of the detention of administrative violators at border areas or remote, isolated mountainous areas or islands, the detention duration shall start from the time the violators are escorted to detention facilities.
- In case of the sanction of detention imposed to assess the drug addiction state, the detention duration may be longer but not exceeding 05 days from the detention start time. (new provision)
- Persons detained aboard aircraft or seagoing vessels must be immediately transferred to competent authorities promptly after aircraft arrive at the airport or seagoing vessels arrive at the port.
** Administrative detention facilities:
- Administrative detention facilities must be administrative detention houses or rooms located at the offices of the agencies or units where the persons having authority to issue detention decisions are serving. If there is none of administrative detention houses or rooms, the detention may take place at on-call duty rooms or other rooms at the workplace, but must conform to general regulations.
- Agencies performing the functions of preventing and controlling acts of violation that regularly have to temporarily detain administrative violators should arrange, design and build separate administrative detention houses or rooms for minors, women or foreigners, and must assign specialized officers to assume management and protection duties.
- For cases of detention of the persons illegally using narcotics in order to define the current state of addiction to narcotics, detention places must be detention areas located at compulsory detoxification centers of provinces or centrally run cities, detention houses or booths. (new provision)
- For aircraft, ships or trains already leaving airports, ports, stations or terminals, depending on the specific conditions and types of violators, the commanders, captains or masters can decide detention places and assign people to carry out detention activities.
** Administrative detention authority
Thus, in comparison with the Law on handling of administrative violations 2012, the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam has added 01 case of administrative detention amended and supplemented by the Law on Customs 2014 of Vietnam and 03 completely new cases. Therefore, from January 01, 2022, there will be 05 cases of administrative detention.
Thuy Tram
