Cases where consular contact is not allowed in Vietnam

Cases where consular contact is not allowed in Vietnam (Internet image)

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

1. Cases where consular contact is not allowed in Vietnam

Cases where consular contact is not allowed according to Article 14 of Decree 120/2017/ND-CP are as follows:

- Individuals in temporary detention or custody refuse consular contact.

- For urgent reasons to ensure the security, order, and safety of the detention facility.

- When there is an outbreak of disease in the detention facility.

- When providing emergency medical treatment to individuals in temporary detention or custody, or individuals in temporary detention or custody who have contagious diseases of group A.

- Individuals who violate the internal regulations of the detention facility when coming for consular contact.

- Individuals in temporary detention or custody who violate the internal regulations of the detention facility and are currently under disciplinary action.

2. Regulations on organizing consular contact for foreigners held in temporary detention or custody in Vietnam

Regulations on organizing consular contact for foreigners held in temporary detention or custody according to Article 13 of Decree 120/2017/ND-CP are as follows:

- Consular contact is the activity of diplomatic officials, consular officials of diplomatic missions, and consular offices of the country where the individuals in temporary detention or custody hold citizenship, to conduct consular contact.

- The Ministry of Foreign Affairs is the focal point for receiving requests for consular contact. Diplomatic missions and consular offices of foreign countries requesting consular contact with individuals in temporary detention or custody who are citizens of their own country must send a written request to the Ministry of Foreign Affairs. The content of the request includes:

+ Name of the diplomatic mission or consular office sending the request.

+ Full name and citizenship of the individuals in temporary detention or custody who need consular contact.

+ The detention facility where the individuals in temporary detention or custody are held.

+ Full name, position, passport number, or diplomatic card number of the person coming for consular contact.

+ Name of the interpreter (if any).

+ Content of the consular contact and other requests (if any).

- When there is a request for consular contact, the Ministry of Foreign Affairs is responsible for notifying the competent authority handling the case of the content of the consular contact.

Within 2 working days from the date of receiving the notification from the Ministry of Foreign Affairs requesting consular contact for individuals in temporary detention or custody, the competent authority handling the case is responsible for chairing and coordinating with the detention facility to provide a written response agreeing to allow consular contact, which will be sent to the Ministry of Foreign Affairs to notify the requesting diplomatic mission or consular office and the competent authority handling the case, and the detention facility will organize the consular contact.

In case of disagreement to allow consular contact, the competent authority handling the case shall provide a written response stating the reasons to the Ministry of Foreign Affairs for notification to the requesting diplomatic mission or consular office.

- If requested by the competent authority handling the case, they shall coordinate with the detention facility to monitor and supervise the consular contact.

3. Responsibilities of agencies in organizing consular contact in Vietnam 

The responsibilities of agencies in organizing consular contact according to Article 15 of Decree 120/2017/ND-CP are as follows:

- The head of the detention facility is responsible for organizing consular contact between diplomatic missions or consular offices and individuals in temporary detention or custody who are foreign nationals, ensuring diplomatic requirements and the lawful rights and interests of the individuals in temporary detention or custody.

- Functional agencies under the Ministry of Foreign Affairs are responsible for coordinating with the detention facility to organize consular contact in accordance with regulations. In necessary cases, the head of the detention facility may invite representatives from the Ministry of Foreign Affairs or representatives from the Vietnam Red Cross Society to attend.

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