Tiếng Việt- 1 Decree of Government No.98/2002/ND-CP of November 27, 2002 amending and supplementing a number of articles of The Regulation on custody and detention issued together with The Government’s Decree No. 89/1998/ND-CP of November 7, 1998
- 2 Decree No. 09/2011/ND-CP of January 25, 2011 amending and supplementing food and medical examination and treatment regimes applicable to persons held in custody and temporary detention provided in Articles 26 and 28 of the Regulation on custody and temporary detention promulgated together with the Government''s Decree no. 89/1998/ ND-CP of November 7, 1998
| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 89/1998/ND-CP | Hanoi, November 07, 1998 |
PROMULGATING THE REGULATIONS ON TEMPORARY CUSTODY AND DETENTION
THE GOVERNMENT
Pursuant to the Law on Organization of Government of September 30, 1992;
Pursuant to the Criminal Procedures Code of the Socialist Republic of Vietnam;
At the proposal of the Minister of Public Security and the Minister of Defense,
DECREES:
...
...
...
FOR THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
ON TEMPORARY CUSTODY AND DETENTION
(Promulgated together with Government Decree No.89/1998/ND-CP of November 7, 1998)
...
...
...
2. Persons detained are the defendant, the accused, indictees and those who are condemned to imprisonment or death sentences arrested for detention and on whom the order for detention has been issued.
Temporary custody houses of the police of districts, provincial capitals and towns (hereinafter called the district police) are places where subjects that come under the investigation, prosecution and trial competence of the district investigation bodies, the People’s Procuraries and the People’s Courts are kept or detained. The temporary custody houses at the Military Commands of the provinces and centrally-run cities or of equivalent levels are places where subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the procuraries and the courts in the People’s Army are kept or detained.
2. A room for temporary custody at Borderguard Station is a place where persons defined in Item 1, Article 2 hereof and subject to temporary custody orders issued by commanders of Borderguard Stations at islands or border regions and persons arrested by Hunting Orders are kept or detained.
Detention houses of the Ministry of Public Security and detention houses of provincial Police Departments shall be used to temporarily keep or detain subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the people’s procuraries and the people’s courts. The military detention houses are used to temporarily keep or detain subjects under the investigation, prosecution and trial jurisdiction of the investigation bodies, procuracies and courts in the People’s Army.
...
...
...
ORGANIZATION OF TEMPORARY CUSTODY HOUSES AND DETENTION HOUSES
Section A.- ORGANIZATION OF TEMPORARY CUSTODY HOUSES
The Minister of Public Security shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of the temporary custody houses of district police agencies. The Minister of Defense shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of temporary custody houses at the Military Commands of provinces and centrally-run cities and equivalent levels and temporary custody rooms at borderguard stations.
2. A temporary custody house is managed by a Head and a Deputy-Head of the House, managerial cadres, medical workers and armed guards. Temporary custody houses with permanent number of 50 or more inmates shall be staffed with extra officials doing the dossier, scouting, general affairs and logistic ... work.
The appointment, distribution and arrangement of work and the specific number of staff members at temporary custody houses shall be stipulated by the Minister of Public Security and Minister of Defense basing on the conditions of each locality.
3. Temporary custody rooms at Borderguard Stations shall be directly controlled by the Station Chiefs. The functions, tasks and powers of the Station Chiefs in the management of the temporary custody shall be the same as those stipulated for chiefs of the temporary custody houses. The regime towards those temporarily kept in custody and the regime for management of temporary custody by temporary custody rooms at Border Stations shall comply with the stipulations hereof.
...
...
...
The Head of a temporary custody house shall have the following tasks and powers:
a) To direct and be responsible for the whole activities of the house under his/her charge as prescribed by law;
b) To effect the detention, temporary custody or release of persons temporarily kept and detainees upon orders or decisions of competent persons as prescribed by the criminal procedures legislation;
c) To organize and create conditions for those temporarily kept and detainees to exercise their rights and obligations in accordance with law;
d) To notify in writing the agency(ies) in charge of the cases involving persons temporarily kept in custody or the detainees of the expiration of temporary custody time-limit 1 day in advance, the expiration of the detention 5 days for the first notification, 10 days in advance for the second notification and to request such agencies to come to receive or settle cases of expiration of temporary custody or detention. Where such agencies fail to do so, petitions shall be made immediately to the competent superior bodies of such agencies for resolution;
e) To hand over the persons temporarily kept in custody or detainees according to exit orders by competent persons;
f) To make close co-ordination with the bodies concerned in order to serve the investigation, prosecution, trial and enforcement of imprisonment sentences;
g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and
...
...
...
2. Deputy-heads of temporary custody houses shall have to assist the heads of the houses according to assignments.
SECTION B.- ORGANIZATION OF DETENTION CAMPS
The Minister of Public Security shall decide on the establishment, dissolution, size as well as the internal rules of detention houses of the Ministry of Public Security and provincial Police Department. The Minister of Defense shall decide the establishment, dissolution, sizes and internal rules of detention houses of the Ministry of Defense, military zones, army corps and equivalent levels in the People’s Army.
2. A detention house shall be staffed with a supervisor, a deputy supervisor, personnel, technicians, officers, non-commissioned officers and armed combatants performing guarding and defense tasks. The appointment and posting of staff members as well as the specific number thereof shall be stipulated by the Minister of Public Security and the Minister of Defense.
...
...
...
a) To run and take responsibility for the whole activities of the house under his/her charge as prescribed by law;
b) To effect the detention, keeping in custody and release of persons temporarily kept and detainees upon the orders or decisions of competent persons as prescribed by the criminal procedures legislation;
c) To help persons temporarily kept in custody and detainees exercise their rights and obligations in accordance with law and to forward detainees’ petitions and appeals against sentences passed by first-instance or appellate courts to competent authorities for resolution within the time-limit prescribed by law;
d) To notify in writing the body(ies) taking the cases which involved the persons temporarily kept in custody or the detainees of the expiration of the time-limit for temporary custody 1 day in advance, the expiration of the detention 5 days for the second notification and 10 days in advance for the first notification, and to request the body(ies) taking the cases to come to receive or settle cases of expiration of temporary custody or detention time-limit. Where such body(ies) fails to do so, petitions shall be made to the competent superior body of that body(ies) for resolution;
e) To hand over the persons temporarily kept in custody or detainees upon exit orders of competent persons;
f) To make close co-ordination with the bodies concerned in order to well serve the investigation, prosecution, trial and enforcement of imprisonment or death sentences;
g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and
h) To carry out other activities in accordance with the provisions of law.
2. The detention house deputy supervisor shall be responsible for assisting the supervisor of the house according to his/her assignments.
...
...
...
Detention house supervisors and deputy supervisors must be the graduates from the College of Police, College of Public Security, College of Law or have the equivalent or higher level and have experience in detention and temporary custody management.
Managerial and educational officials and commanders of forces defending houses of detention must be graduates from the intermediate police schools, the intermediate public security schools or have equivalent or higher levels and must be professionally trained.
REGIME OF MANAGEMENT OF TEMPORARY CUSTODY AND DETENTION
1. Detention and keeping in custody shall be sectored and classified as follows:
- Women;
...
...
...
- Foreigners;
- Persons contracted dangerous contagious diseases;
- Ferocious thugs, murderers, robbers of properties and dangerous recidivists;
- Persons having committed the offence of encroachment on national security;
- Persons condemned to death by courts; and
- Persons condemned to imprisonment sentences awaiting their transfers to detention camps.
2. Those persons involved in the same case that is being under investigation, prosecution and trial shall not be detained or kept in the same room. Separate detention and custody of each person shall be decided by the agencies that are hearing the cases. Foreigners who are detained or temporarily kept in custody may be detained or kept in separate rooms in temporary custody or detention houses.
3. Each detention house shall have an imprisonment penalty execution unit (called prisoners managing sub-house) which shall render such services as preparing and bringing meals, transport of supplies, do the cleaning-up, repair or construction of detention houses and serve detention and temporary custody requirements. The enforcement of imprisonment sentences at prisoners managing sub-houses shall comply with the Ordinance on Execution of Imprisonment Sentences and the Regulations of Detention Houses. The Minister of Public Security and the Minister of Defense shall decide on the establishment, resolution and size of the prisoners managing sub-houses as well as criteria of inmates thereof.
...
...
...
- To make records on the receipt of dossiers as well as persons subject to temporary custody and detention, at the same time to ascertain the state of their health;
- To make identification and name slips, photographing and to make entry in the registry to follow up lists of persons temporarily kept in custody and detainees;
- To make known the internal rules of temporary custody houses or detention houses to persons temporarily kept in custody and detainees, to check their body and their belongings before taking them to rooms for temporary custody or rooms of detention. Body check of male detainees shall be made by male officials and of female detainees by female officials and shall be effected in private rooms.
2. Persons in temporary custody or detention shall have to stay in the custody or detention rooms. Only by orders of the heads of temporary custody houses or the supervisors of detention houses can they be let out to execute the exit orders or to change air, take a bath, have medical examination and/or treatment, to clean the rooms. Persons in question shall not be used to perform work contrary to law.
...
...
...
3. The Ministry of Public Security and the Ministry of Defense shall co-ordinate with the Supreme People’s Procurary in guiding the implementation of the stipulations on inspection of temporary custody and detention.
2. An exit order must clearly state:
- The body, full name, position and title of the issuer of the order;
- The full name, age, address, acts of law violation, date of being temporarily kept in custody or detained, of the person allowed to make exit;
- Purposes and time limit of exit; and
- The official that receives the person allowed to make exit.
The issuer of exit order shall indicate the date and apply his/her signature and seal to the order.
...
...
...
Article 21.- An exit shall be made in the following cases:
a) To allow persons temporarily kept in custody or detainees to have medical examinations and/or treatments, medical jurisprudence appraisal or psychiatric medical jurisprudence appraisal in hospitals outside the temporary custody or detention houses;
b) To move persons temporarily kept in custody or detainees to other places of temporary custody or detention;
c) To carry out investigation, prosecution or trial;
d) To bring persons condemned to imprisonment sentences to places where they shall serve their sentences or to take persons condemned to death sentences to places of execution;
e) To allow persons temporarily kept in custody or detained to meet their relatives, lawyers or other defenders;
f) To allow foreigners temporarily kept in custody or detained to contact consular officials or humanitarian organizations in accordance with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached between the State of Vietnam and the country of persons temporarily kept in custody or detained or humanitarian organizations as the case may be.
...
...
...
Persons temporarily kept in custody and detainees and their relatives, lawyers or other defenders shall have to observe the internal rules on seeing. Heads of temporary custody houses and supervisors of detention houses shall make known the internal rules on seeing and shall appoint officials or combatants to supervise and prevent cases where persons in temporary custody and detainees try to escape or hand over and/or receive things prohibited to be taken out of or brought into the houses. Foreigners detained or temporarily kept in custody, who see their relatives, lawyers or other defenders, shall comply with these stipulations.
Contacts made by foreigners temporarily kept or detained with consular officials or humanitarian organizations shall comply with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached on each specific case between the State of Vietnam and the country of persons temporarily kept or detained or humanitarian organizations. These contacts shall be supervised by officials or combatants of temporary custody and/or detention houses and may be attended by representatives of Vietnam Diplomatic Missions or of Vietnam Red Cross Society.
2. The Ministry of Health and the Ministry of Public Security shall arrange and guide health establishments to make medical examination and treatments where epidemics and poisoning, etc. occur en masse in temporary custody and/or detention houses and shall arrange separate treatment wards to receive patients who are in temporary custody or detention in other hospitals or health establishments. Heads of temporary custody houses and supervisors of detention houses shall arrange officials and combatants to make strict control of persons in temporary custody or detainees during the time of their treatment in health establishments outside the temporary custody and/or detention houses.
When investigation bodies and procuracies unanimously permit the burial, heads of temporary custody houses and/or supervisors of detention houses shall effect procedures for death declaration with local administration and organize the burial. Where requested by relatives of the dead person and certified by local administration, the remains of the dead may be handed over to them. The burial shall have to comply with the stipulations of the Ministry of Health and local administration. Where a foreigner in temporary custody or detention dies, procedures shall comply with the stipulations of the international treaties which Vietnam has signed or acceded to or with the direct agreement reached on each specific case between the State of Vietnam and the country of the person temporarily kept in custody or detained who dies. Where a foreigner being temporarily kept in custody or detained dies and no corresponding international treaties are available at present or the State of Vietnam and the country of the person temporarily kept in custody or detained who dies fail to reach an agreement on resolution of each specific case or where the nationality of the dead person cannot be identified, procedures shall be effected as the case where a Vietnamese temporarily kept in custody or detained dies.
...
...
...
REGIMES FOR PERSONS IN TEMPORARY CUSTODY AND DETAINEES
Not more than twice a month, persons temporarily kept in custody and detainees shall be entitled to receive food supply and essentials for life sent from their relatives in accordance with the stipulations; the quantity of supply shall not more than double the daily ration. These persons and detainees shall be prohibited from using alcohol, beer cigarettes and other stimulants and poisonous stuffs. Heads of temporary custody houses and supervisors of detention houses shall arrange the receipt and strict inspection of supply, reject prohibited stuffs and hand the supply in full to persons temporarily kept in custody and detainees and make inspection of this handing to prevent appropriation of the supply. The Minister of Public Security and the Minister of Defense shall specify things which relatives of persons temporarily kept in custody and detainees are allowed to provide and stipulate the arrangement of sales of essential things in detention houses. The use of supply shall be specified in the internal rules of temporary custody houses and/or detention houses.
2. The minimum average custody or detention space for a person temporarily kept or detained is 2 square meters with platforms made of cement or enamel tiles covered with mats for lying on.
3. During their custody or detention, persons temporarily kept in custody and detainees may use their own clothes, blankets, mats and mosquito nets or may borrow from temporary custody and detention houses. Each person shall be entitled to borrow 1 mat, 1 (single) mosquito net, 1 blanket (for temporary custody and detention houses situated in Da Nang City southward, it will be thin fiber blanket and those situated in Hue northward, it will be cotton blanket of 2 kg in weight), a pair of sandals and two suits of pyjamas after an uniform pattern stipulated by the Minister of Public Security or the Minister of Defense. Persons temporarily kept in custody and detainees shall be granted 0.2 kg of detergents every month and 1 face towel every two months. Women temporarily kept and female detainees shall be granted additionally a sum worth 2 kg of rice (by market current prices in each locality) to buy sanitary napkins.
Officials directly managing the detention and temporary custody shall have to guide and request persons temporarily kept in custody and detainees to keep and ensure hygiene of things borrowed and shall take back and maintain them well when those persons and detainees leave the temporary custody and/or detention houses.
...
...
...
Where persons in temporary custody or detainees are sick, affected with diseases or injured beyond the medical examination and treatment capability of health officials of temporary custody and/or detention houses, the heads of temporary custody houses or supervisors of detention houses shall inform the body hearing the case thereof, and at the same time go through procedures to move them to outside health establishments for treatment and arrange guarding and keeping of these persons. Expenses for medical examination and treatment shall be born by temporary custody or detention houses.
For persons in temporary custody or detainees suspected of contracting psychiatric disease or another disease that causes loss of capacity of cognition or capacity to control their acts, heads of temporary custody houses or supervisors of detention houses shall request the body hearing the case to make psychiatric medical jurisprudence appraisal. When a decision for application of compulsory treatment of the disease is issued by the competent authority, the body hearing the case shall co-ordinate with the temporary custody or detention houses to take persons in question to the establishment for treatment of the disease as mentioned in the decision.
Foreigners being temporarily kept in custody or detained at temporary custody or detention houses may receive publication in the languages of the countries which they bear nationality if so permitted by the body hearing the case.
2. Such complaints and denunciations may be made in writing or orally to managerial and educational officials, heads or deputy heads of temporary custody houses or supervisors or deputy supervisors of detention houses or the persons who carry out the proceedings for settlement of the case or to the superior level of heads of the temporary custody houses and supervisors of the detention houses. Officials that receive oral complaints or denunciations shall put them in writing. Where persons temporarily kept or detainees want to lodge complaints or make denunciations by letters, heads or deputy heads of temporary custody houses or supervisors or deputy supervisors of detention houses or the persons who carry out the proceedings for settlement of the case shall arrange a place, writing papers and pens for persons temporarily detained or kept in custody to write. Persons temporarily kept in custody and detainees shall still have the right to lodge complaints and make denunciations to the procurary. Letters of complaints and denunciations addressing the immediate levels of temporary custody or detention houses or the persons who carry out the proceedings for settlement of the case shall be forwarded within 24 hours. Persons temporarily kept in custody and detainees shall be responsible before law for the contents of their complaints and denunciations; if they take advantage of the right to lodge complaints and denunciations to make slander, they will be dealt with according to law.
...
...
...
2. Where persons temporarily kept commit acts of breaching the internal rules of the temporary custody or detention houses, they shall be dealt with by one of the following actions, depending on the nature and seriousness of the breaches:
- Warning;
- Fettering. The duration of fettering shall be decided by the heads of temporary custody houses or the supervisors of detention houses but shall not exceed one week.
3. Where detainees commit acts of breaching the internal rules of temporary custody or detention houses, they shall be dealt with by one of the following actions, depending on the nature and seriousness of the breach:
- Warning;
- Punishment by being placed in a disciplinary confinement for 3 to 12 days. Detainees put in such a confinement may be shackled. The shackling duration shall be decided by the heads of temporary houses or supervisors or the detention houses, but shall not exceed 10 days.
4. Persons temporarily kept in custody and detainees who violate the internal rules for a number of times may be restricted in the number of times to see their relatives, send and receive letters and receive supply. During the time of disciplinary action, they shall not be entitled to send and receive letters, receive supply and to see their relatives till they strictly abide by the internal rules of the temporary custody or detention houses.
...
...
...
2. Houses of detention shall have to return immediately the money and properties deposited and personal belongings (if any) of the persons executed by death sentences to their relatives or to their trusted people.
...
...
...
FOR THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Decree of Government No.98/2002/ND-CP of November 27, 2002 amending and supplementing a number of articles of The Regulation on custody and detention issued together with The Government’s Decree No. 89/1998/ND-CP of November 7, 1998
- 2 Decree No. 09/2011/ND-CP of January 25, 2011 amending and supplementing food and medical examination and treatment regimes applicable to persons held in custody and temporary detention provided in Articles 26 and 28 of the Regulation on custody and temporary detention promulgated together with the Government''s Decree no. 89/1998/ ND-CP of November 7, 1998
- 3 Decree No. 09/2011/ND-CP of January 25, 2011 amending and supplementing food and medical examination and treatment regimes applicable to persons held in custody and temporary detention provided in Articles 26 and 28 of the Regulation on custody and temporary detention promulgated together with the Government''s Decree no. 89/1998/ ND-CP of November 7, 1998