Extraction of persons held in temporary detention or custody in Vietnam

Extraction of persons held in temporary detention or custody in Vietnam (Internet image)

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

The management regulation towards the persons held in temporary detention or custody in Vietnam under Article 19 of the Law on temporary detention or custody 2015 provides as follows:

- The custody facility must be guarded, protected, managed, inspected and monitor 24/24 hours a day.

- The persons held in temporary detention or custody must be in the detention cell and custody cell and only go out of the detention cell and custody cell to comply with the extraction order and other activities specified in Clause 5, Article 20 of this Law and the rules of custody facility.

- The travel, transaction, contact, communication, dissemination of belief and religion of persons held in temporary detention or custody are restricted. In case of required civil transaction, it must be done through the legal representative and with the consent of the body handling the case.

- The transfer of persons held in temporary detention or custody between the custody facilities shall be decided by the head of body managing the temporary detention or custody after reaching an agreement with the head of body handling the case and notified to the Procuracy at the same level for information. The authority to transfer the persons held in temporary detention or custody is stipulated as follows:

+ The transfer between custody facilities in the same province or centrally-run city or of a military zone or the equivalent shall be decided by the head of custody or detention facility at provincial level or military zone level;

+ The transfer between custody facilities not in the same province or centrally-run city or of a military zone or the equivalent shall be decided by the head of custody or detention facility at provincial level or military zone level of the transferring place after reaching an agreement with the head of custody or detention facility at provincial level or military zone level of the receiving place;

+ The transfer between custody facilities of Public Security at provincial level or military zone level and the custody facilities of the Ministry of Public Security or Ministry of Defense shall be decided by the head of body managing the temporary detention or custody of the Ministry of Public Security or Ministry of Defense.

+ The transfer between custody facilities in people’s Public Security and the custody facilities in the people’s Army shall be decided by the head of body managing the temporary detention or custody of the transferring place after reaching an agreement with the head of body managing the temporary detention or custody of the receiving place;

2. Extraction of persons held in temporary detention or custody in Vietnam

Extraction of persons held in custody or temporary detention in Vietnam according to Article 20 of the Law on temporary detention or custody 2015 stipulates as follows:

- The extraction of persons held in temporary detention or custody is only done when there is the extraction order of the competent person as stipulated by the Criminal Procedure Code, the Law on Criminal Enforcement and Law on temporary detention or custody 2015 in the following cases:

+ For investigation, prosecution, judgment and execution;

+ For examination, treatment, forensic assessment, forensic psychiatric assessment;

+ For meeting relative, advocate or legal representative to exercise some rights and obligations prescribed by law;

+ The foreigners held in temporary detention or custody upon consular contact or contact with humanitarian organizations in accordance with the international agreements in which the Socialist Republic of Vietnam is a member or by the agreement between the Socialist Republic of Vietnam with the country having the persons held in temporary detention or custody or for foreign reasons for each specific case.

- Where the Suprintendent of custody center, the Head of detention center and the Head of detention cell of border post carry out the extraction of persons held in temporary detention or custody for examination or treatment, they must inform immediately the body handling the case and the competent Procuracy.

- The extraction order must have the following main contents:

+ Name of body, full name, position and rank of person giving the order;

+ Full name, date of birth, nationality, residence, acts of law violation, date of temporary detention or custody of the extracted person.

+ Purpose and duration of extraction;

+ Full name, position, rank and body of the person escorting the extracted person or the body carrying out the escorting;

+ Full name, position, rank (if any) of the person receiving the extraction of the body having the authority to order the extraction;

+ Date, month and year of order and signature of the ordering person and seal.

- The custody facilities must check and hand over the persons held in temporary detention or custody to the escorting body or person. Such escorting body or person must hand over the extracted person to the person having the authority to order the extraction.

The handover and receipt must be recorded and the health condition of such persons is also recorded in the monitoring book.

The person having the authority to give the extraction order shall receive the extracted person. The escorting body or person shall coordinate with the custody facility and the person having the authority to give the extraction order to manage and ensure the implementation of diet, accommodation and living activities of the extracted persons in accordance with the provisions of Law on temporary detention or custody 2015.

The escorting, management and expenses to ensure the implementation of diet, accommodation and living activities of the extracted persons shall be stipulated by the Government.

When the duration of extraction is not over but its purpose is completed or when the duration of extraction is over, the person requesting the extraction shall hand over the extracted person to the escorting body or person to hand over such escorted person to the custody facility, except that the persons held in temporary detention or custody are released by the judgement or decision of the competent body or person.

In case of need for further extraction, there must be an extraction extension order. The duration and extension of extraction must not be longer than the remaining duration of temporary detention or custody.

- In case of performing the activities specified in Clause 1 of this Article inside the custody facility, the head of detention facility shall decide to remove the persons held in temporary detention or custody out of the detention or custody cells without extraction order.

Quoc Dat

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