Cases of handover of persons held in temporary detention or custody in Vietnam

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

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

1. Cases of handover of persons held in temporary detention or custody in Vietnam

According to Article 21 of the Law on temporary detention or custody 2015, the custody facilities must hand over the persons held in temporary detention or custody in the following cases:

- When there is a decision of body managing the temporary detention or custody to transfer the persons held in temporary detention or custody to another custody facility.

- When there is a decision of a competent body to take the sentenced persons to the place of judgement execution.

- When there is a decision of death sentence execution Board to take the persons with death judgement to place of execution;

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

The management regime for persons held in custody and temporary detention under Article 19 of the Law on temporary detention or custody 2015 is 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 the Law on temporary detention or custody 2015 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;

3. Regulations on disciplining the persons held in temporary detention or custody who breach rules of custody facility or regulations on custody management in Vietnam

Regulations on discipline of persons held in custody and temporary detention who violate the rules of detention facilities and the detention management regime according to Article 23 of the Law on temporary detention or custody 2015 are as follows:

- Where the persons held in temporary detention or custody breach the rules of custody or regulations on custody management, depending on the nature and seriousness, they shall be disciplined by one of the following forms:

+ Caution;

+ Being isolated in solitary confinement from 01 to 02 days and can be extended up to 02 days for the persons held in temporary detention; being isolated in the discipline cell from 03 to 07 days and can be extended up to 10 days for the persons held in temporary custody. The duration of isolation shall not exceed the remaining duration of temporary detention or custody.

- The discipline is exercised in the form of isolation if the persons held in temporary detention or custody breach the rules of custody facility or regulation on custody management from 02 times or more or have acts specified in Clause 5 and 7, Article 8 of the Law on temporary detention or custody 2015.

- If the persons are isolated in the solitary confinement have drastic acts against the custody facility, commit suicide, self-injury, infringe the others’ life and health, they shall be shackled on one leg.

The time of shackling shall be decided by the head of custody facility. Do not apply the shackling to the disciplined persons under 18 years of age, women, heavy disabled persons and persons of full 70 years of age or more.

During the time of isolation in the solitary confinement, the persons held in temporary detention or custody are restricted to meet, send, receive letter or presents.

- The discipline and restricted meeting, sending or receipt of letters or presents to the persons held in temporary detention or custody shall be decided in writing by the head of custody facility. The record of breach and discipline decision are included in the custody management dossier.

If the disciplined persons make progress, the head of custody facility shall decide in writing the reduction of duration of discipline, cancel the restricted meeting, sending or receipt of letters or presents towards such persons.

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