Latest regulations on dossier for management of temporary detention or custody in Vietnam

Latest regulations on dossier for management of temporary detention or custody in Vietnam (Internet image) 

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

1. Latest regulations on dossier for management of temporary detention or custody in Vietnam

Dossier for management of temporary detention or custody in Vietnam according to Article 17 of the Law on temporary detention and custody 2015 are as follows:

- The dossier for management of temporary detention or custody includes:

+ The orders, decisions and records of arrest, detention, custody, extension of detention and custody, wanted notice, release, extraction, transfer, transfer from custody and approval decisions of the People’s Procuracy;

+ Record of handover and receipt of persons held in temporary detention or custody and accompanying documents and dossiers; record of handover and receipt of money and other properties of persons held in temporary detention or custody deposited or delivered to their relatives or legal representatives for management; decisions and records of destructions of objects included in the banned list.

+ The personal information form, fingerprint information form, résumé and documents of identity; documents related to the compliance with regulations on custody, discipline record and decision on breach of rules and laws on exercising the temporary detention or custody; documents of health, checkup and treatment; documents related to the implementation of rights and obligations of the persons held in temporary detention or custody during the time of custody; documents related to the transfer of appeal, complaint, denunciation, request, recommendation and proposal of the persons held in temporary detention or custody; documents of consular meeting and contact;

+ Decision of competent authority to take the persons sentenced to the place of judgement execution; decision of death sentence execution Board to take the persons with death judgement to place of execution;

+ Other relevant documents.

- For the persons in custody but held in detention before, the dossier of custody also includes documents of detention dossier.

2. Management classification of persons held in temporary detention or custody in Vietnam

Management classification of persons held in temporary detention or custody in Vietnam according to Article 18 of the Law on temporary detention and custody 2015 is as follows:

- The persons held in temporary detention or custody are arranged in areas and classified as follows:

+ Persons held in temporary detention;

+ Persons held in temporary custody;

+ Persons under 18 years of age;

+ Women;

+ Foreigners;

+ Persons with infectious diseases of Group A;

+ Persons committing criminal acts with delinquent nature; killing; robbery subject to the type of particularly serious crime; dangerous recidivism;

+ Persons committing acts of national security infringement;

+ Persons with death sentence;

+ Persons waiting for execution of imprisonment;

+ Persons regularly breaching the rules of custody facility;

+ Persons with signs of mental illness or another illness which causes the loss of ability to perceive or ability to control their acts but have not been assessed, waiting for the results of the assessment or being sent to the compulsory medical facility.

- The persons in the same case which is being investigated, prosecuted or judged must not be held in the same cell.

- In special cases, due to the practical conditions, the detention center or custody center cannot meet the requirements for separate custody or in order to ensure the requirements for investigation, prosecution, judgement or ensure the safety to the persons held in temporary detention or custody, the Head of detention center, Suprintendent of custody center, Head of detention cell of border post shall coordinate with the body which is handling the case to decide in writing the persons who are detained in common.

- The following persons held in temporary detention or custody can be detained in separate cells:

+ Gays/lesbiens, transgender people;

+ Persons specified under Points e, i and medical equipment, Clause 1 of Article 18 of the Law on temporary detention and custody 2015;

+ Pregnant women or women having child under 36 months of age sharing the same cell.

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