Attention to kindred and preservation of property for persons in temporary detainment or detention in Vietnam

Attention to kindred and preservation of property for persons in temporary detainment or detention in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Attention to kindred and preservation of property for persons in temporary detainment or detention in Vietnam

According to Article 120 of the Criminal Procedure Code 2015, attention to kindred and preservation of property for persons in temporary detainment or detention are stipulated as follows:

- If persons on temporary detainment or in detention live with disabled, senile or mentally ill individuals left unattended, the authorities deciding temporary detainment or detention shall assign other relatives to provide them with care.

If no relative exists, the authorities deciding temporary detainment or detention shall put them into care by local authorities in the commune, ward or town where  they reside.

The care of children of persons on temporary detainment or in detention shall comply with the Law on enforcement of temporary detainment and detention.

- If persons in temporary detainment or detention own houses or property left unattended, the authorities deciding temporary detainment or detention shall implement methods of preservation.

- The authorities deciding temporary detainment or detention shall give persons on temporary detainment or in detention a notice of the attention to their kindred and property. Such notice shall be executed in writing and stored in case files.

2. How many times can a persons held in temporary detention or custody meet their relatives under the law in Vietnam?

The persons held in temporary detention can meet their relatives one time during temporary detention and one time in each time of detention extension.

The persons held in temporary custody can meet their relatives one time in a month;

In case of increased times of meeting or the persons to be met are not their relatives, there must be the approval from the body handling the case. The time for each meeting is within an hour.

The persons held in temporary detention or custody under 18 years of age are permitted to meet their relatives, advocate or contact the consular officials specified in Article 22 of the Law on temporary detention or custody 2015 with the times of meeting to be doubled compared with the persons held in temporary detention or custody who are over 18 years of age.

(Clause 1, Article 22 and Article 34 of the Law on temporary detention or custody 2015)

3. In what cases are relatives not allowed to meet persons held in temporary detention or custody in Vietnam?

The head of custody facility shall not agree upon the meeting to the persons held in temporary detention or custody in the following cases with stated reasons:

- The relatives fail to present their personal papers or papers demonstrating the relation with the persons held in temporary detention or custody or the body handling the case issues a written requirement not permitting the persons held in temporary detention or custody to meet their relatives due to possible serious effect on the settlement of the case; the advocate fails to present his/her personal papers or papers concerning the advocacy to the persons held in temporary detention or custody;

- In case of emergency to safely protect the custody facility or arrest the persons held in temporary detention or custody who flee;

- When there is disease occurrence in the area with custody facility;

- When giving the emergency aid to the persons held in temporary detention or custody or when they are suffering from infectious diseases of Group A;

- When questioning or interrogating the persons held in temporary detention or custody or when they are involved in other procedural activities;

- The persons held in temporary detention or custody do not want to have a meeting. In this case, the person coming for meeting can see the persons held in temporary detention or custody directly to confirm the refusal of meeting.

- The persons coming for meeting intentionally breach the rules of custody facility or regulations on custody management from 02 times or more;

- The persons held in temporary detention or custody are being disciplined in accordance with the provisions in Clause 3, Article 23 of the Law on temporary detention or custody 2015

(Clause 4, Article 22 of the Law on temporary detention or custody 2015)

Nguyen Ngoc Que Anh

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