05 contents in the dossier for management of temporary detention or custody under latest regulations in Vietnam

05 contents in the dossier for management of temporary detention or custody under latest regulations in Vietnam (Internet image)

1. 05 contents in the dossier for management of temporary detention or custody under latest regulations in Vietnam

According to Clause 1, Article 17 of the Law on temporary detention or custody 2015, the contents of the dossier for management of temporary detention or custody include:

- Orders, decisions, records of arrest, temporary detention, custody extension, re-custody, search warrants, release, extraction, transfer of detention places; decisions approved by the People's Procuracy;

- Handover records of the detainee, documents, attached files; handover records of money, other assets of the detainee sent to custody or handed over to their relatives, legal representatives; decisions and records of destroying items in the prohibited list;

- Identity documentation, personal records, and information about personal background; documents related to the adherence to detention regulations; disciplinary records and decisions about violating detention rules or laws on temporary detention and custody; healthcare documents and medical records; documents related to the exercise of rights and obligations of the detainee during detention; documents related to the resolution of appeals, complaints, accusations, requests, proposals of the detainee; documents about visits and consular contacts;

- Decisions of the competent authority to bring the convicted inmate to their punishment location; decisions of the Death Penalty Execution Council to bring the death row inmate for execution;

- Other related documents.

2. Guidance on the management classification of persons held in temporary detention or custody in Vietnam

The management classification of persons held in temporary detention or custody in Vietnam are regulated in Article 18 of the Law on temporary detention or custody 2015 as follows:

- Detainees are organized into zones and classified as follows:

+ Detainees;

+ Custodies;

+ Under 18 years old;

+ Women;

+ Foreigners;

+ Group A infectious disease patients;

+ Individuals committing heinous crimes; murder; especially serious property robbery; dangerous recidivists;

+ National security offenders;

+ Death row convicts;

+ Individuals awaiting imprisonment;

+ Frequent violators of detention facility rules;

+ Individuals showing signs of mental illness or other conditions impairing cognition or behavior control but not yet assessed, awaiting assessment results, or waiting to transfer to compulsory treatment facilities.

- It is forbidden to house individuals involved in the same case in the same room during investigation, prosecution, and trial periods.

- In special cases where detention houses and temporary detention camps cannot meet the requirement for separate detention or to ensure the investigation, prosecution, trial, and safety of the detainee, the Head of the detention house, the Warden of the detention camp, or the Head of the temporary detention cell at the border post will cooperate with the investigating agency to decide in writing which individuals to be detained together.

- The following detainees may be held in separate cells:

+ Homosexual and transgender individuals;

+ Individuals specified at points e, i, and m, Clause 1, Article 18 of the Law on temporary detention or custody 2015;

+ Pregnant women or women with children under 36 months old.

Vo Tan Dai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE