Temporary detention of people according to administrative procedures in Vietnam and 05 things to know

Where it is necessary to promptly prevent administrative violations in Vietnam or to ensure the handling of administrative violations in Vietnam, competent person may apply measures to detain persons according to administrative procedures.

Temporary detention of person according to administrative procedures in Vietnam and 05 things to know (Illustration)

1. When can people be detained according to administrative procedures in Vietnam?

A person will be detained under administrative procedures in Vietnam in the following cases:

- It is necessary to stop or immediately suspend the act of disturbing public order, causing injury to other people.

- It is necessary to immediately stop the smuggling and illegal transportation of goods across the border.

- To execute decisions on sending to reformatories, compulsory education establishments and compulsory rehab establishments.

- Persons who commit acts of domestic violence in Vietnam infridge the decision on prohibition of contact in accordance with the law on domestic violence prevention in Vietnam.

- To determine drug addiction to illegal drug users.

2. Time limit for temporary detention of persons under administrative procedures in Vietnam

- Ordinary temporary detention time limit: The time limit for holding a person under administrative procedures shall not exceed 12 hours;

- Duration of temporary detention in some special cases:

+ In case of necessity, the detention time limit may be extended beyond the normal time limit but not exceeding 24 hours from the time of arrest of the violator;

+ In case of temporary detention of administrative violators in border areas or remote mountainous areas or islands, the temporary detention period shall be counted from the time the violators are released to the places of temporary detention.

+ For cases of temporary detention to determine drug addiction in Vietnam, the temporary detention period may be extended but not exceeding 5 days from the time of arrest of the offender.

+ For persons detained on aircraft or seagoing ships, they must be immediately transferred to competent authorities when the aircraft arrives at the airport or seagoing ships at the port.

3. Notification of temporary detention in Vietnam of persons under administrative procedures

- All cases of temporary detention in Vietnam of persons must be decided in writing and one copy must be handed to the detainees.

- At the request of the detainee, the person making the custody decision must notify his/her family, organization of the workplace or study.

In case of temporary detention of a minor who commits an administrative offence at night or holds more than 6 hours, the custody decision maker shall immediately notify his/her parents or guardian.

4. Places of temporary detention in Vietnam of persons under administrative procedures

- Places of temporary detention of persons according to administrative procedures are administrative temporary detention houses or administrative temporary detention chambers which are located at the offices of agencies or units of workplaces of persons competent to issue decisions on temporary detention of administrative violators.

In case there is no administrative detention house or administrative detention chamber, it shall be kept in another department or division at the workplace, but the general regulations must be met.

- Agencies with law violation prevention functions in Vietnam that regularly hold administrative offenders need to arrange, design and build their own administrative temporary detention houses or administrative temporary detention chambers, including separate temporary detention places for minors, women or foreigners, and must have officers in charge of management and protection.

- For the case of temporary detention of drug users to determine the drug status, the place of temporary detention shall be at a compulsory rehab establishment of a province or centrally run city or a temporary detention house or an administrative temporary detention chamber.

- For aircraft, seagoing ships or trains that have left airports, ports or terminals, depending on the specific conditions and objects of violation, the commander of the aircraft, the captain or the captain of the ship shall decide the place of temporary detention and assign a person to perform the temporary detention.

- It is strictly forbidden to keep administrative violators in temporary detention rooms, criminal detention rooms or places that do not ensure hygiene and safety for the detainees in Vietnam.

5. Rights and obligations of persons detained under administrative procedures in Vietnam

5.1. Rights of persons detained under administrative procedures

- Be notified of the application of measures to detain persons according to administrative procedures;

- Be able to know the reasons for the temporary detention, the duration of the temporary detention, the places of temporary detention; complaints about the temporary detention in Vietnam;

- Request the person making the decision on temporary detention of the person according to administrative procedures to notify the decision on temporary detention to his/her family or organization (workplace, study) of his/her detention according to regulations;

- Be guaranteed the prescribed diet;

- Be entitled to medical treatment and care when sick according to regulations in Vietnam.

5.2. Obligations of persons detained under administrative procedures in Vietnam

- Strictly abide by custody decisions, rules and regulations of places of custody of persons according to administrative procedures;

- Comply with requests and orders of custody decision makers and persons assigned to manage and protect places of detention in Vietnam;

- Not to put into temporary storage places weapons, explosive materials, supporting tools, means, electronic equipment with broadcast reception function, toxic products, alcohol, beer and other addictive substances or items that may affect the order and safety of temporary storage places.

Legal basis: Article 122, 123 of the Law on Handling of Administrative Violations 2012 (as amended by the Law on Handling of Administrative Violations amending 2020, the Law on Customs 2014); Article 27 of Decree 142/2021/ND-CP.

Diem My

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