Decree No. 09/2011/ND-CP amends and supplements the diet and medical examination and treatment regime for persons under temporary detention and pretrial detention as stipulated in Article 26 and Article 28 of the Regulation on Temporary Detention and Pretrial Detention issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government.

DECREE

Amending and supplementing the food and medical examination and treatment regime for persons under temporary detention and pretrial detention as prescribed in Article 26 and Article 28 of the Regulation on Temporary Detention and Pretrial Detention issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government.

detention as prescribed in Article 26 and Article 28 of the Regulations on Temporary Detention,

issued together with Decree No. 89/1998/NĐ-CP

dated November 7, 1998 of the Government

_____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Criminal Procedure Code of the Socialist Republic of Vietnam dated November 26, 2003;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing the food and medical examination and treatment regime for persons under temporary detention and pretrial detention as prescribed in Article 26 and Article 28 of the Regulation on Temporary Detention and Pretrial Detention issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government as follows:

1. Clause 1 of Article 26 shall be amended and supplemented as follows:

"Article 26.
1. The monthly food standard for one person under temporary detention and pretrial detention is calculated based on a quantity of 17 kilograms of regular rice, 0.7 kilograms of meat, 0.8 kilograms of fish, 0.1 kilograms of salt, 0.5 kilograms of medium-grade sugar, 0.75 liters of fish sauce, 0.1 kilograms of monosodium glutamate, 15 kilograms of green vegetables, and 15 kilograms of firewood or 17 kilograms of coal. This quantity is provided by the State and converted into money according to the market price at the location where the detention center or temporary detention facility is located.

On holidays and Tet (as defined by the State), persons under temporary detention and pretrial detention may have additional meals, but the food standard (including the daily standard and the additional amount) shall not exceed five times the daily food standard set by the State for each person under temporary detention and pretrial detention. The Director of the Temporary Detention Facility or the Warden of the Detention Center may adjust the aforementioned food quantities to suit the actual situation to ensure that persons under temporary detention and pretrial detention consume their full food standard.

In one month, persons under temporary detention and pretrial detention shall not receive more than three times gifts and daily necessities from their families or relatives as stipulated; the quantity of gifts shall not exceed three times the daily food standard set by the State for each person under temporary detention and pretrial detention.

Persons under temporary detention and pretrial detention shall eat according to the standard, drink water that meets hygiene standards, and use gifts from their families or relatives to supplement their meals, but this shall not exceed three times the daily food standard set by the State for each person under temporary detention and pretrial detention. Strictly prohibited is the consumption of alcohol, tobacco, and other harmful stimulants by persons under temporary detention and pretrial detention. The Director of the Temporary Detention Facility or the Warden of the Detention Center shall organize the receipt and strict inspection of provisions, remove prohibited items, and return all items to the persons under temporary detention and pretrial detention; they shall also inspect and prevent acts of appropriating provisions. The Minister of Public Security and the Minister of Defense shall specify the items that families or relatives of persons under temporary detention and pretrial detention are allowed to provide and organize the sale of necessary items in detention centers and temporary detention facilities. The use of provisions shall be specified in the internal regulations of the detention centers and temporary detention facilities."

2. Article 28 shall be amended and supplemented as follows:

"Article 28.
1. Persons under temporary detention and pretrial detention who are ill shall be examined and treated at the infirmary of the detention center or by health personnel of the temporary detention facility. The food, medication, and nutritional supplements shall be determined by health personnel according to the illness. The cost of medication for treating illness is equivalent to 2 kilograms of rice per person per month.

In cases where persons under temporary detention and pretrial detention suffer from serious illnesses beyond the capacity of the infirmary of the detention center or health personnel of the temporary detention facility to treat, the Warden of the Detention Center or the Director of the Temporary Detention Facility shall arrange for them to be transferred to a state hospital for treatment. The expenses for medical examination and treatment in such cases shall be covered by the state budget according to the illness and the severity of the condition; the detention center or temporary detention facility shall be responsible for settling accounts with the hospital.

The Warden of the Detention Center shall cooperate with the health center or state hospital near the detention center to build some rooms for treatment within the premises of the health center or hospital to treat patients who are persons under temporary detention and pretrial detention. The construction of these treatment rooms and the management of persons under temporary detention and pretrial detention for treatment shall be the responsibility of the detention center. The expenses for constructing, upgrading, and renovating these treatment rooms shall be covered by the state budget.

2. For persons under temporary detention and pretrial detention suspected of having mental illness or other diseases to the extent of losing the ability to recognize or control their behavior, the Warden of the Detention Center or the Director of the Temporary Detention Facility shall request the agency handling the case to conduct a forensic medical examination. After the Forensic Medical Examination Board concludes that the person suffers from mental illness or other diseases to the extent of losing the ability to recognize or control their behavior and there is a decision by the competent authority to admit the person to a specialized medical facility for compulsory treatment, the agency handling the case shall cooperate with the detention center or temporary detention facility to transfer the person under temporary detention and pretrial detention to the designated treatment facility.

3. For persons under temporary detention and pretrial detention infected with HIV/AIDS, care and treatment shall be carried out in accordance with current laws. The Warden of the Detention Center or the Director of the Temporary Detention Facility must inform the agency handling the case, family members, relatives, or legal representatives of the person about serious illnesses to coordinate care and treatment for the person under temporary detention and pretrial detention.

The Ministry of Health shall cooperate with the Ministry of Public Security, the Ministry of Defense, and the Politburo to establish the system, funding, and organization for disease prevention and control, medical examination, and treatment for persons under temporary detention and pretrial detention."

Article 2. Effectiveness

This Decree takes effect from March 15, 2011.

Article 3. Responsibility for Implementation

1. The Ministry of Public Security and the Ministry of Defense shall take the lead and cooperate with relevant ministries and agencies to guide and supervise the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.