Classification of people in custody and temporary detention in Vietnam

Classification of people in custody and temporary detention in Vietnam (Internet image)

1. Who is the person held in custody or temporary detention?

- Person in temporary detention is the person who is being manageled at the detention facility within the duration of temporary detention and extension of temporary detention under the provisions of the Criminal Procedure Code 2015 (amended in 2021).

- Person in temporary custody is the person who is being manageled at the detention facility within the duration of temporary custody and extension of temporary custody under the provisions of the Criminal Procedure Code 2015 (amended in 2021), including the accused, defendant; persons sentenced to imprisonment, sentenced to death but the judgment has no legal effect or pending judgement enforcement; persons in temporary custody for extradition.

(Clause 1 and 2, Article 3 of Law on temporary detention or custody 2015)

2. Management regulation towards the persons held in temporary detention or custody in Vietnam

According to Clause 1, Article 18 of the Law on temporary detention or custody 2015,

The persons held in temporary detention or custody are arranged in areas and classified as follows:

- Persons held in temporary detention;

- Persons held in temporary custody;

- Persons under 18 years of age;

- Women;

- Foreigners;

- Persons with infectious diseases of Group A;

- Persons committing criminal acts with delinquent nature; killing; robbery subject to the type of particularly serious crime; dangerous recidivism;

- Persons committing acts of national security infringement;

- Persons with death sentence;

- Persons waiting for execution of imprisonment;

- Persons regularly breaching the rules of custody facility;

- Persons with signs of mental illness or another illness which causes the loss of ability to perceive or ability to control their acts but have not been assessed, waiting for the results of the assessment or being sent to the compulsory medical facility.

In particular, the persons in the same case which is being investigated, prosecuted or judged must not be held in the same cell.

In special cases, due to the practical conditions, the detention center or custody center cannot meet the requirements for separate custody or in order to ensure the requirements for investigation, prosecution, judgement or ensure the safety to the persons held in temporary detention or custody, the Head of detention center, Suprintendent of custody center, Head of detention cell of border post shall coordinate with the body which is handling the case to decide in writing the persons who are detained in common.

The following persons held in temporary detention or custody can be detained in separate cells:

- Gays/lesbiens, transgender people;

- Persons specified under Points e, i and medical equipment, Clause 1 of Article 18 of the Law on temporary detention or custody 2015;

- Pregnant women or women having child under 36 months of age sharing the same cell.

(Clause 2, 3 and 4, Article 18 of the Law on temporary detention or custody 2015)

3. Rights and obligations of persons held in temporary detention or custody in Vietnam

3.1. Rights of persons held in temporary detention or custody in Vietnam

According to Clause 1, Article 9 of the 2015 Law on temporary detention or custody 2015, the persons held in temporary detention or custody have the following rights:

- Their life, body and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;

- They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies 2015 and referendum rights in accordance with the Law on referendum 2015.

- Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;

- They can meet their relatives, advocate or make consular contact;

- Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;

- Meet with legal representative to carry out civil transactions;

- Require to be released upon the end of temporary detention or custody period.

- Make complaint, denunciation of acts of law violation;

- Receive compensation in accordance with the provisions of Law on compensation liability of the State 2015 in case of illegal detention or custody;

- Be entitled to other rights of citizens if not being restricted by Law on temporary detention or custody 2015 or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.

3.2. Obligations of persons held in temporary detention or custody in Vietnam

According to Clause 2, Article 9 of the Law on temporary detention or custody 2015, the persons held in temporary detention or custody have the following obligations:

- Comply with decisions, requirements and instructions of the body and person having the authority to manage and exercise the temporary detention or custody.

- Comply with the rules of detention center, the provisions of Law on temporary detention or custody 2015 and other relevant laws.

Thanh Rin

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