Instructions for handling the case of death of the persons held in temporary detention or custody in Vietnam

Instructions for handling the case of death of the persons held in temporary detention or custody in Vietnam (Internet image) 

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

1. Instructions for handling the case of death of the persons held in temporary detention or custody in Vietnam

Instructions for handling the case of death of the persons held in temporary detention or custody in Vietnam according to Article 26 of the Law on temporary detention and custody 2015 are as follows:

- Where the persons held in temporary detention or custody die during the time of temporary detention or custody, the head of custody facility must protect the scene and immediately inform the investigation body and the competent Procuracy to identify the cause of death while informing the relatives and legal representative of the deceased. The representative of custody must witness the the scene examination and autopsy. Where the deceased is a foreigner, the body handling the case shall inform the consular agency and his/her relatives or legal representative.

- The custody facility shall do the death declaration procedure in accordance with law on civil status.

- When the investigation body and the Procuracy permit the burial procedures for the deceased, the custody facility must infom the relatives of the deceased.

Where the relatives of the deceased have a written request, the body shall be handed over to them, except that there are the grounds that it affects the security, order and environmental sanitation. After a time limit of 24 hours from the notice but noone receives the body, the custody facility shall organize the burial. Where the relatives of the deceased request in writing to receive the ashes or bones after burial, the head of custody facility shall discuss with the local authorities for settlement in accordance with regulations of law. The burial must comply with the regulations of the Ministry of Health and the local authorities.

- Where the foreigners held in temporary detention or custody die, apply the regulations of international treaties in which the Socialist Republic of Vietnam is a member or under international agreements or direct agreements on each specific case between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die. Where there is no corresponding international treaties or international agreements or between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die, there is no agreement on settlement of specific case or when the nationality of the deceased cannot be identified, the case shall be settled like the Vietnamese held in temporary detention or custody die.

- The expenses related to the burial shall be born by the state budget. The Government stipulates in detail this clause.

- Where the persons held in temporary detention or custody die but they have had the time to participate in social insurance or are enjoying their pension, the death benefits shall be applied by the provisions of the Law on social insurance.

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

The management regulation towards the persons held in temporary detention or custody in Vietnam according to Article 19 of the Law on temporary detention and 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 and 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;

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