Cases of complaint about management and execution of temporary detention or custody which cannot be handled and settled in Vietnam

 Cases of complaint about management and execution of temporary detention or custody which cannot be handled and settled in Vietnam (Internet image)

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

1. Cases of complaint about management and execution of temporary detention or custody which cannot be handled and settled in Vietnam

Complaints about custody and temporary detention management and enforcement that are not accepted and settled according to Article 45 of the Law on temporary detention or custody 2015 are as follows:

- The decisions and acts complained are not directly related to the complainant’s legitimate rights and interests.

- The complainants do not have adequate capacity and civil acts and legal representative, except that the complainants are the persons held in temporary detention or custody.

- The representatives do not have papers evidencing their legal representation.

- The statute of limitations is over.

- The complaints already have complaint settlement decisions with legal effect.

2. Regulations on complaint in management and execution of temporary detention or custody in Vietnam

Regulations on complaint in management and execution of temporary detention or custody under Article 44 of the Law on temporary detention or custody 2015 are as follows:

- The persons held in temporary detention or custody and other relevant bodies, organizations and individuals have the right to lodge complaint about decisions and acts of the bodies and persons having the authority in management and execution of temporary detention or custody if there are the grounds that such decisions and acts have infringed their legitimate rights and interests.

- The first statute of limitations is 30 days from the day of receiving or knowing the decisions or acts in management and execution of temporary detention or custody the complainant think they violate the law.

In case of sickness, natural disaster, business travel or study in remote areas or due to other objective difficulties that make it difficult for the the complainant to do their rights of complaint in line with the statute of limitations. Therefore, the period of time with such obstacles shall not be included in the statute of limitations of complaint.

The next statute of limitations is 15 days after receiving the decision on complaint settlement from the competent person.

3. Authority to settle complaints in management and execution of temporary detention and custody in Vietnam

Authority to settle complaints in management and execution of temporary detention and custody under Article 46 of the Law on temporary detention or custody 2015 is as follows:

- The Head of district People’s Procuracy, Head of provincial People’s Procuracy, Head of military Procuracy of area and Head of military Procuracy of military zone and the equivalent shall settle the complaints about the illegal decisions and acts in management and execution of temporary detention and custody from the competent body and person under their control and supervision responsibility.

The Head of superior People’s Procuracy has the authority to settle the complaints about the complaint settlement of the Head of inferior People’s Procuracy; the decision on complaint settlement of the Head of superior People’s Procuracy is the decision with legal effect.

- When the bodies and persons having the authority in management and execution of temporary detention and custody receive the complaint petition specified in Article 44 of the Law on temporary detention or custody 2015, they have to transfer the complaint of the persons held in detention or custody to the People’s Procuracy within 24 hours after receiving the such complaints.

4. Rights and obligations of complainants in management and execution of temporary detention and custody in Vietnam

Rights and obligations of complainants in management and execution of temporary detention and custody under Article 47 of the Law on temporary detention or custody 2015 are as follows:

- The complainants have the following rights:

+ Lodge a complaint by themselves or through their legal representatives for complaint; the complainant can make a complaint directly or send the complaint petition through the body or person having the authority in management and execution of temporary detention and custody;

+ Withdraw their complaints in any time of the process of complaint settlement;

+ Receive the decision on complaint settlement;

+ Continue their complaints in case of not disagreement with the first complaint settlement decision;

+ Their infringed legitimate rights and interests are restored and their damages are compensated in accordance with regulations of law.

- The complainants have the following obligations:

+ Truthfully present the case, provide information and documents for the persons handling their complaints and take responsibility before law for the presented contents and the provision of such information and documents;

+ Comply with the decision on complaint settlement with legal effect.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE