What are cases of temporary detention of people under administrative procedures in Vietnam?

What are cases of temporary detention of people under administrative procedures in Vietnam? (Internet image)

1. Cases of temporary detention of people under administrative procedures in Vietnam

Temporary detention of people under administrative procedures in Vietnam according to Article 16 of Decree 142/2021/ND-CP shall only be imposed in the following cases:

- It is necessary to immediately prevent and stop acts of disturbing public order and causing injury to others.

- It is necessary to immediately prevent and stop the act of smuggling and illegally transporting goods across the border.

- To enforce decisions on sending offenders to reformatories, correctional facilities, compulsory detoxification centers.

- The person who commits domestic violence violates the no contact order prescribed in the law on domestic violence prevention and control.

- To determine the level of drug addiction for illegal drug users.

2. Authority to impose temporary detention of people under administrative procedures in Vietnam

According to Article 17 of Decree 142/2021/ND-CP stipulating that the persons competent to impose temporary detention on people under administrative procedures shall comply with Article 123 of the Law on Handling Administrative Violations.

- In cases a person has acts causing public disturbance, causing injury to other persons or there are grounds to believe that there is an act of smuggling or illegal transportation of goods across the border, the following persons have right to decide custody of involved persons according to administrative procedures.

+ President of commune-level People’s Committee;

+ Head of ward police, Head of police of the commune or town that has organized the elite police force in accordance with the Law on People's Public Security; Head of International Airport Police; Head of Border gate Police;

+ Head of District-level Police; Head of Professional Division of Traffic Police Department; Head of the Professional Division of Immigration Department; Head of Professional Division of Police Department for Administration of Social Order; Head of Professional Division of the Department of Cybersecurity, Hi-Tech Crime Prevention and Control; 

Head of Professional Division of the Department of Fire Prevention, Fighting and Rescue; Head of Professional Division of Drug Crime Investigation Police Department;

Head of Division of provincial Police, including:     

++ Chief of Police Division for Administration of Social Order;

++ Chief of Investigation Police Division for Corruption, Economic and Smuggling Crimes;

++ Chief of Investigation Police Division for Drug Crimes;

++ Chief of Traffic Police Division;

++ Chief of Road – Rail Traffic Police;

++ Chief of Road Traffic Police Division;

++ Chief of Waterway Police Division;

++ Chief of Mobile Police Division;

++ Director of Security Guard Division; 

++ Director of Criminal Judgment Execution and Judicial Assistance Police Division;

++ Chief of Police Division for Prevention and Control of Environmental Crimes;

++ Chief of Police Division for Firefighting, Prevention and Rescue;

++ Director of Immigration Division;

++ Director of Economic Security Division;

++ Director of External Security Division;  

+ Head of Mobile Police unit at the company or higher level;

+ Head of Forest Protection Station; Head of Mobile Forest Protection, Forest Firefighting and Prevention Team; Director of Forest Protection Sub-Department, Director of Regional Forest Protection Sub-department, Head of Fisheries Resources Surveillance Station of Regional Sub-department of Fisheries Resources Surveillance; Director of Regional Sub-department of Fisheries Resources Surveillance; Director of Fisheries Resources Surveillance Department;

+ Director of Customs Subdepartment; Leader of Control Team of Customs Department; Leader of Criminal Investigation Team; Leader of Smuggling Control Team; Captain of Maritime Control Flotilla subordinate to the Smuggling Investigation and Prevention Department; 

+ Leader of Market Surveillance Team; Head of Professional Division under the control of the Department of Market Surveillance Operations;

+ Commanding Officer of Border Guard Post; Commander of the Border Guard Command at port border gate; Captain of Naval Border Guard Flotilla; Captain of Naval Border Guard Squadron; Head of Task Force Commission for Drug and Crime Prevention and Control; Chief Commander of provincial Border Guard;

+ Captain of Coast Guard Flotilla; Captain of Coast Guard Squadron; Regional Command of the Coast Guard; Head of Reconnaissance Commission; Head of Task Force Commission for Drug Crime Prevention and Control;

+ Aircraft commander, vessel captain, train master aboard aircraft, seagoing vessels or trains leaving airports, ports or terminals;

+ Presiding judge of the Court.

-  Persons having detention authority that are referred to in point a through i of clause 1 of Article 123 of the Law on Handling Administrative Violations may delegate the administrative detention authority to their deputies during their absence.  The delegation of authority must be documented in decisions under which the scope, details of delegated authority and term of delegated authority must be clarified.  

Authorized deputies must be accountable to their heads and before laws for the exercise of their delegated authority. The authorized person shall not be entitled to re-delegate their authority to any other person

Quoc Dat

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