Duties and power of bodies managing the temporary detention or custody in Vietnam

Duties and power of bodies managing the temporary detention or custody in Vietnam (Internet image)

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

1. Organization system of body managing and exercising the temporary and custody detention in Vietnam

According to Article 10 of the Law on temporary detention or custody 2015, the organization system of body managing and exercising the temporary and custody detention is regulated as follows:

- The bodies managing the temporary detention or custody in the people’s Public Security include:

+ The body managing the enforcement of criminal judgement and judicial assistance under the Ministry of Public Security shall manage the temporary detention or custody nationwide (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Public Security).

+ The body enforcing the criminal judgement of Public Security of provinces and centrally-run cities shall manage the temporary detention or custody within the provinces and centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at provincial level).

+ The body enforcing the criminal judgement of Public Security of districts, towns, provincial cities and cities under the centrally-run cities shall manage the temporary detention or custody within the districts, towns, provincial cities and cities under the centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at district level).

- The bodies managing the temporary detention or custody in the people’s Army include:

+ The body managing the exercise of criminal judgement under the Ministry of Defense shall manage the temporary detention or custody (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Defense).

+ The bodies enforcing the criminal judgement of military zone and the equivalent shall manage the temporary detention or custody of the detention and custody centers of the areas under their management.

+ The Command of Border Guard at provincial level shall manage the temporary detention of detention cells of border posts.

2. Duties and power of bodies managing the temporary detention or custody in Vietnam 

According to Article 12 of the Law on temporary detention or custody 2015, duties and power of bodies managing the temporary detention or custody in Vietnam are as follows:

- Duties and power of bodies managing the temporary detention or custody under the Ministry of Defense:

+ Assist the Minister of Public Security and Minister of Defense to perform the duties and power specified in Article 63 and 64 of this Law;

+ Implement the law on temporary detention or custody;

+ Give professional direction and provide instructions on uniform application of law on temporary detention or custody;

+ Decide the transfer of persons held in temporary detention or custody between the detention centers;

+ Perform the inspection and examination on temporary detention or custody under their authority;

+ Thực hiện chế độ thống kê, báo cáo về thi hành tạm giữ, tạm giam;

+ Implement the regulations on statistics and report on exercise of temporary detention or custody;

+ Summarize the activities of temporary detention or custody;

+ Perform other duties and power assigned by the Minister of Public Security and Minister of Defense.

- Duties and power of bodies managing the temporary detention or custody at provincial and military zone level:

+ Assist the Director of Public Security at provincial level and military zone to manage the activities of temporary detention or custody in the area;

+ Implement the law on temporary detention or custody;

+ Give professional direction and inspect the activities of temporary detention or custody of detention centers and custody centers;

+ Decide the transfer of persons held in temporary detention or custody between the detention centers within province or military zone;

+ Perform the inspection and examination on temporary detention or custody under their authority;

+ Summarize the activities of temporary detention or custody and perform the regulations on statistics and report on exercise of temporary detention or custody as guided by the bodies managing the temporary detention or custody under the Ministry of Public Security and the Ministry of Defense;

- Duties and power of bodies managing the temporary detention or custody under the public security of district level and the criminal investigation bodies of area in the people’s Army:

+ Assist the Police Chief at district level and the Head of criminal investigation bodies of area to manage the activities of temporary detention or custody in the area;

+ Give professional directions and inspect the activities of temporary detention or custody of detention centers;

+ Summarize the activities of temporary detention or custody and perform the regulations on statistics and report as guided by the superior bodies managing the temporary detention;

+ Directly manage the detention centers under the district level Public Security and the criminal investigation bodies of area in the people’s Army.

- Duties and power of the Command of provincial level Border Guard:

+ Give professional direction and inspect the activities of temporary detention of detention cells of border posts;

+ Summarize the activities of temporary detention and perform the regulations on statistics and report.

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