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

Management classification of persons held in temporary detention or custody in Vietnam (Internet image)

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

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

Classification of management of detainees and detainees 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.

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

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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