Time limit for temporary detention of people under administrative procedures in Vietnam

Time limit for temporary detention of people under administrative procedures in Vietnam (Internet image)

1. Time limit for temporary detention of people under administrative procedures in Vietnam

The time limit for temporary detention of people under administrative procedures in Vietnam as stipulated in Article 18 of Decree 142/2021/ND-CP is as follows:

- The time limit for temporary detention of people under administrative procedures is implemented in accordance with Clause 3, Article 122 of the Law on Handling of Administrative Violations 2012 (amended in 2020).

- The duration of custody under administrative procedures must be specifically stated in the decision to detain issued by the authorized person.

- For cases detained in border areas or remote, mountainous, or island regions, the duration of detention starts from the time the violator is escorted to the administrative detention area.

2. Cases of temporary detention of people under administrative procedures in Vietnam

According to Article 16 of Decree 142/2021/ND-CP, temporary detention of people under administrative procedures is applied in the following cases in Vietnam:

- To immediately prevent and suspend acts disturbing public order, causing injury to others.

- To immediately prevent and suspend acts of smuggling or illegal transport of goods across borders.

- To enforce decisions on admittance to reformatory schools, mandatory educational institutions, or mandatory rehabilitation centers.

- For domestic violence offenders who violate contact prohibitions as provided by the law on prevention and control of domestic violence.

- To determine the status of drug addiction for illicit drug users.

3. Regulations on the Decision on temporary detention of people under administrative procedures in Vietnam

Regulations on the Decision on temporary detention of people under administrative procedures in Vietnam as stipulated in Article 19 of Decree 142/2021/ND-CP are as follows:

- When there are sufficient grounds for the administrative custody of a person according to Article 16 of Decree 142/2021/ND-CP and it is deemed necessary to apply administrative custody measures against the person who has committed a violation, the authorized person must immediately issue a custody decision.

- The Decision on temporary detention of people under administrative procedures must be made in two copies: one given to the detained person, and one kept in the detention file, and must clearly state the following:

+ Decision number; hour, minute, day, month, year of the decision;

+ Full name, rank (if any), position, agency, unit of the person issuing the decision;

+ The basis for the custody decision, application of legal provisions; reason for detention;

+ Full name, date of birth, place of birth, permanent (or temporary) residence address, occupation, workplace, study place, identification number, citizen identification number (or identity card number) of the detained person; full name of parents or guardian of the detained person (if the detained person is a minor);

+ Nationality, passport number or documents of equivalent value replacing a passport (if the detained person is a foreign national);

+ Duration of detention (how long the detention lasts; from what time); place of custody;

+ Rights to complaint, denunciation, lawsuit regarding the issuance of the detention decision and the implementation of administrative detention measures according to the law;

+ Signature and agency seal of the person issuing the custody decision.

- When there are grounds to consider that the acts of the detained person under administrative procedures show signs of a criminal offense, the person issuing the custody decision must immediately transfer the dossier and the detained person along with the evidence, tools of violation (if any) to the competent criminal procedure agency for resolution in accordance with the law.

- In any case, administrative detention must be carried out with a written decision from the authorized person. Detaining persons without a written decision is strictly prohibited.

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