Decree No. 113/2021/ND-CP amending and supplementing certain Articles of Decree No. 120/2017/ND-CP dated November 6, 2017 of the Government detailing some provisions of the Law on Enforcement of Temporary Detention and Custody.

DECREE

Amending and supplementing certain articles of Decree No. 120/2017/NĐ-CP

dated November 6, 2017 of the Government detailing certain provisions

of the Law on Enforcement of Detention and Pretrial Detention

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Enforcement of Detention and Pretrial Detention dated November 25, 2015;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 120/2017/NĐ-CP dated November 6, 2017 of the Government detailing certain provisions of the Law on Enforcement of Detention and Pretrial Detention.

Article 1. Amending and supplementing certain articles of Decree No. 120/2017/NĐ-CP dated November 6, 2017 of the Government detailing certain provisions of the Law on Enforcement of Detention and Pretrial Detention

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. The monthly food allowance for detainees includes: 17 kg of white rice; 15 kg of green vegetables; 1 kg of pork; 1 kg of fish; 0.5 kg of sugar; 0.75 liters of fish sauce; 0.2 liters of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other seasonings equivalent to 0.5 kg of white rice; fuel equivalent to 17 kg of firewood or 15 kg of coal.

The daily food allowance for persons under temporary detention shall be calculated based on the monthly food allowance for detainees.

The above allowances are provided by the State and converted into money at an average market price in the locality where the detention facility is located."

2. Amending Clause 3 Article 4 as follows:

"3. Pregnant women and women with children under 36 months old who are under temporary detention or pretrial detention shall enjoy a food allowance equal to twice the daily standard allowance specified in Clause 1 of this Article and may exchange it according to the instructions of a physician or doctor. Women who give birth while under temporary detention or pretrial detention shall have their hospital fees reimbursed and shall be provided with necessary items for newborn care equivalent to one month's food allowance for children under 36 months old in the same detention facility."

3. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Persons under temporary detention and pretrial detention shall be provided with clothing, bedding, mosquito nets, and other necessary personal items, if lacking, the detention facility shall lend them according to the standard for each person including: 1 mattress; 1 personal mosquito net; 1 pair of slippers; 2 sets of long pants; 1 winter jacket (for provinces from Thua Thien Hue northward and 5 provinces in the Central Highlands) and 1 quilt (for provinces from Thua Thien Hue northward and 5 provinces in the Central Highlands using quilts weighing not more than 2 kg, and other provinces and cities using quilts made of fiber)."

Persons under temporary detention shall be provided with: 1 toothbrush; toothpaste not exceeding 20g; 1 face towel; 0.1 kg of soap; 20 ml of shampoo. When persons under temporary detention are transferred to pretrial detention, they continue to use the toothbrush and face towel according to the regulations for persons under pretrial detention.

Persons under pretrial detention shall be provided with: 1 toothbrush, 1 face towel for 3 months; toothpaste not exceeding 100g for 2 months; 0.3 kg of soap and 70 ml of shampoo per month.

Persons under temporary detention and pretrial detention who are women and have special needs shall be provided with additional hygiene items worth 2 kg of white rice per person per month.

4. Amend Clause 1 of Article 7 as follows:

"1. The cost of ordinary medicine for persons under temporary detention and pretrial detention shall be provided equivalent to 3 kg of white rice per person per month."

5. Amending and supplementing Article 8 as follows:

"Article 8. Care and support system for children under 36 months old staying with their mothers in detention facilities

1. The food allowance for children under 36 months old staying with their mothers in detention facilities shall be equivalent to the monthly subsistence allowance for children under 4 years old at social welfare institutions as stipulated by current laws; during holidays and festivals, children shall receive a food allowance five times that of a regular day, and on Children's Day (June 1st Gregorian calendar) and Mid-Autumn Festival (August 15th lunar calendar), they shall receive a food allowance twice that of a regular day. Each month, they shall be provided with milk and essential living supplies worth 20 kg of white rice per child. Based on the age of the child and actual conditions, the head of the detention facility shall adjust the food allowance to meet the nutritional needs of the child or convert it into money and deposit it for the mother to use in caring for and supporting the child.

2. Children under 36 months old staying with their mothers in detention facilities shall be provided with personal items according to the following standards for each child: 1 quilt, 1 mosquito net suitable for their age; 1 set of winter clothes per year (for provinces from Thua Thien Hue northward and 5 provinces in the Central Highlands); 1 pair of slippers every 6 months; 2 sets of regular clothes every 6 months; 1 face towel every 3 months; 0.3 kg of soap per month.

3. Children under 36 months old staying with their mothers in detention facilities shall be provided with health insurance cards, medical care, and medical examinations according to the provisions of the Law on Children and the Law on Health Insurance. In cases of serious illness beyond the treatment capacity of the infirmary, the detention facility shall arrange for transfer to state medical facilities for treatment; the head of the detention facility shall decide on the release and escort of the detained mother to care for her child.

The detention facility shall be responsible for covering the actual costs incurred in medical examinations and treatments for children under 36 months old staying with their mothers in the infirmary, hospital within the detention facility, and state medical facilities. In cases where children under 36 months old staying with their mothers in detention facilities die, funeral expenses shall be handled as for deceased detainees.

4. For children aged 36 months and over staying with their mothers in detention facilities during the waiting period for transfer to social welfare institutions or return to relatives for care, the provisions of this Article shall apply."

6. Amend Clause 1 and Clause 3 of Article 10 as follows:

"1. When a detainee or pretrial detainee dies, the funds to ensure proper burial include: the cost of purchasing 1 wooden coffin, 1 new set of long pants, 1 new set of underwear, 4 square meters of burial cloth, incense, candles, cleaning alcohol, and other expenses equivalent to 100 kg of white rice."

"3. If a detainee or pretrial detainee dies and the relatives take the body back for burial, they shall be supported with transportation and funeral expenses equivalent to 200 kg of white rice."

Article 2. Responsibilities for Implementation

1. The Minister of Public Security and the Minister of National Defense shall be responsible for coordinating, guiding, directing, and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.

Article 3. Effectiveness

This Decree shall take effect from the date of issuance.