Circular No. 10/2020/TT-BCA on prohibited items to be brought into prisoner detention facilities and procedures for confiscation and handling of such items

CIRCULAR

Regulations on Prohibited Items to be Brought intoDetention Facilities for Convicts and the Handling of Such Prohibited Items

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The Minister of Public Security issues this Circular regulating prohibited items to be brought into detention facilities for convicts of the People's Public Security (hereinafter referred to as detention facilities) and the handling of such prohibited items. lThis Circular regulates the handling of prohibited items.

Article 1. Scope of Regulation

This Circular applies to detention facilities, convicts serving custodial sentences, and organizations and individuals related to the handling of prohibited items.

Article 2. Applicability

Article 3. Prohibited Items

1. Military weapons, hunting guns, crude weapons, sports weapons, and other similar weapons; explosive materials.

2. Support tools: Types of plastic bullet guns, rubber bullet guns, tear gas guns, chemical substance guns, anesthesia substance guns, electromagnetic guns, laser guns, signal flares, and ammunition used with these types of guns; devices spraying tear gas, chemical substances, anesthesia substances, itching substances; smoke grenades, pepper spray grenades, explosive grenades; electric batons, rubber batons, metal batons, barbed wire, spiked ropes, bulletproof vests, electric gloves, knife-catching gloves, bulletproof helmets, and other support tools.

3. Anesthesia substances, toxic substances, flammable substances, combustible substances, radioactive substances, chemicals, poisons.

4. Narcotics, precursor substances for narcotics, addictive drugs, and psychotropic drugs.

5. Medicines, preventive medicines, health supplements not approved by the head of the detention facility; alcohol, beer, and other stimulants.

6. Metal objects, ceramic, stone, glass items, water bottles, and other items that can be used as weapons.

7. Vietnamese currency, electronic payment cards, foreign currencies, valuable papers, gold, silver, precious stones, precious metals.

8. Other documents such as: Identity cards, citizen identification cards, passports, household registration books, trade certificates, diplomas, certificates, and other certification documents.

9. Personal communication devices, audio and video recording equipment.

10. Books, newspapers, foreign language publications, religious and superstitious publications未经翻译的部分已经是正确的格式，无需修改。从第24条开始继续翻译：

11. Other items that may cause security and safety risks in detention facilities, harm the convict themselves or others, negatively impact environmental hygiene, or be used for gambling purposes.

Article 4. Seizure and Preservation of Prohibited Items

1. When discovering convicts, individuals, or organizations bringing in, storing, or using prohibited items within detention facilities, responsible officers must record the violation in a report and temporarily seize the prohibited items, noting the statements of the violator and witnesses. In the seizure report, the actual condition of the quantity, weight, type, shape, size, color, and other characteristics of the prohibited item must be accurately described, and the item must be sealed (if sealing is required).

2. Seized prohibited items must be preserved intact, with complete handover records and detailed documentation, preventing loss or damage.

3. Detention facilities are responsible for arranging storage warehouses and personnel to manage prohibited items according to regulations.

3. The detention facility shall be responsible for arranging storage facilities and staff to manage prohibited items in accordance with the regulations.

Article 5. Handling Violations

1. For acts of bringing in, storing, using prohibited items in detention centers that constitute criminal offenses, the Warden shall issue a decision to initiate criminal proceedings and conduct preliminary investigative activities, then transfer the case file to the competent investigative agency for handling in accordance with the law. For acts of bringing in, storing, using prohibited items in temporary detention facilities that constitute criminal offenses, the Warden of the temporary detention facility or the Head of the holding house shall prepare a written request and immediately transfer the violation files and evidence to the competent investigative agency for handling in accordance with the law.

2. Any person who discovers and reports acts of bringing in, storing, using prohibited items in detention facilities, thereby assisting competent authorities in promptly detecting and preventing violations and confiscating prohibited items, shall be rewarded. Organizations and individuals who assist or cover up acts of bringing in, storing, using prohibited items in detention facilities shall be subject to legal sanctions according to the nature and severity of the violation.

Article 6. Handling Prohibited Items

1. Prohibited items specified in Clauses 1, 2, 3, and 4 of Article 3 of this Circular shall be documented and transferred to the competent authority for handling in accordance with the law; prohibited items specified in Clauses 5, 6, 10, and 11 of Article 3 of this Circular shall be destroyed.

2. For prohibited items specified in Clause 7 of Article 3 of this Circular, if inmates voluntarily surrender them, they may be kept in storage or handed over to the inmate's relatives upon request. In cases where such items are discovered and seized, after dealing with and punishing the violation, these items shall be sent to the national treasury at the location of the unit for handling in accordance with the law.

3. Prohibited items specified in Clause 8 of Article 3 of this Circular shall be stored in the warehouse and returned to the inmate after completion of the prison sentence.

4. Prohibited items specified in Clause 9 of Article 3 of this Circular, after being seized, must be sealed and stored to clarify the content of the case and handled in accordance with the law.

5. The handling of prohibited items must establish a Handling Committee. The composition of the Handling Committee for prohibited items at detention facilities is as follows:

a) For the Handling Committee of prohibited items in detention centers, the Warden shall serve as Chairman; the Deputy Warden responsible for surveillance work shall serve as Vice-Chairman; the Heads of the Sub-camps, Surveillance Team, Management Team, Education and Record Team, Security and Mobile Police Team, Financial and Logistics Team, Medical and Environmental Team shall serve as Members.

b) For the Handling Committee of prohibited items in temporary detention facilities, the Warden shall serve as Chairman; the Deputy Warden responsible for managing inmates in sub-camps shall serve as Vice-Chairman; the Heads of the Sub-camps; the Heads of the Planning and Logistics Team (in temporary detention facilities with a Surveillance Team, the Surveillance Team replaces the Planning and Logistics Team as Member), Medical Team, Security Team, Management Team shall serve as Members.

c) For the Handling Committee of prohibited items in holding houses, the Head of the Criminal Enforcement Department of the Public Security Office at the county level shall serve as Chairman. The Head of the Criminal Enforcement and Judicial Assistance Team shall serve as Vice-Chairman, the guard staff and security police shall serve as Members.

Article 7. Files on Handling Prohibited Items

1. Files on handling seized prohibited items include:

a) Violation record and temporary custody of prohibited items (sealing record of prohibited items if applicable);

b) Record of statements from violators and witnesses;

c) Self-assessment of violators and related party's statement;

d) Report of officers seizing prohibited items;

đ) Recommendation report on disciplinary measures for violating inmates;

e) Decision on seizure of prohibited items;

g) Decision on handling prohibited items;

h) Decision on handling violators (if applicable);

i) Handling record of prohibited items (transfer and destruction records);

k) Transfer record of related files and documents (if transferred to competent agencies for resolution as prescribed);

l) Other relevant documents.

2. Files on handling prohibited items in detention centers shall be retained by the Surveillance Team, in temporary detention facilities by the Planning and Logistics Team (in temporary detention facilities with a Surveillance Team, retained by the Surveillance Team), and in holding houses of the Public Security Office at the county level by the Criminal Enforcement and Judicial Assistance Team. The preservation and retention of files shall be carried out in accordance with the regulations on file management of the Ministry of Public Security.

Article 8. Implementation clause

1. This Circular takes effect from March 20, 2020 and replaces Circular No. 58/2011/TT-BCA dated August 9, 2011 of the Minister of Public Security on the list of prohibited items brought into detention centers and the procedures for confiscation and handling of prohibited items.

2. Heads of units under the Ministry, local public security organs, Wardens of detention centers, Wardens of temporary detention facilities, Heads of Criminal Enforcement Departments of Public Security Offices at the county level are responsible for organizing the implementation of this Circular.

3. The Director of the Prison Management Bureau is responsible for assisting the Minister in inspecting and guiding the implementation of this Circular.

4. During the implementation of this Circular, if there are difficulties or obstacles arising, local public security units shall report to the Ministry (through the Prison Management Bureau) for timely guidance./.