Decree No. 120/2017/NĐ-CP detailing certain provisions of the Law on the Enforcement of Pre-trial Detention and Custody

DECREE
Detailed provisions on some articles of the Law on Enforcement of Pre-Trial Detention and Custody

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to Resolution No. 41/2017/QH14 dated June 20, 2017 of the National Assembly on the implementation of the Penal Codeand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 201800/2015/QH13 amended and supplemented by Law No. 12/2017/QH13 and regarding the effective date of the Criminal Procedure Code1/2015/QH13 and the Law on Organization of Criminal Investigation Agenciesand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 201801The Government issues this Decree detailing certain provisions of the Law on Enforcement of Pre-Trial Detention and Custody.No. 99/2015/QH1313, the Law on Temporary Detention and Pretrial Detention No.No. 94/2015/QH13;

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

This Decree stipulates detailed regulations on food, clothing, medical care (collectively referred to as "regime") for persons under pre-trial detention and custody; funding to ensure the implementation of the regime for persons under pre-trial detention and custody; funding to ensure care and maintenance for children under 36 months old staying with their mothers in detention facilities; consular visits and meetings with foreign nationals under pre-trial detention and custody.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to detention facilities under the Ministry of Public Security, the Ministry of National Defense, diplomatic missions, and consular offices of foreign countries in Vietnam, persons under pre-trial detention and custody, and relevant agencies, organizations, and individuals involved in managing and enforcing pre-trial detention and custody.

Article 2. Applicability

Article 3. Funding for management, enforcement of pre-trial detention and custody, and implementation of the regime for persons under pre-trial detention and custody

Funding for management, enforcement of pre-trial detention and custody; implementation of the regime for persons under pre-trial detention and custody, and care and maintenance for children under 36 months old staying with their mothers in detention facilities as prescribed in this Decree shall be guaranteed from the state budget according to the current state budget management hierarchy.

Management and utilization of funding from the state budget shall be carried out in accordance with the State Budget Law and guiding documents for its implementation.

REGIME OF FOOD, CLOTHING, AND MEDICAL CARE FOR PERSONS UNDER PRE-TRIAL DETENTION AND CUSTODY; CARE AND MAINTENANCE FOR CHILDREN UNDER 36 MONTHS OLD STAYING WITH THEIR MOTHERS IN DETENTION FACILITIES

Chapter II

Article 4. Food allowance for persons under pre-trial detention and custody

Clause 1. Monthly food allowance for persons under pre-trial custody includes: 17 kg of medium-grade white rice, 0.5 kg of medium-grade sugar, 15 kg of vegetables, 0.7 kg of meat, 0.8 kg of fish, 1 kg of salt, 0.75 liters of dipping sauce, 0.1 kg of monosodium glutamate, and fuel equivalent to 17 kg of firewood or 15 kg of coal, 45 kWh of electricity, and 3 cubic meters

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

Clause 2. The food allowance for persons under pre-trial detention and custody who are sick, ill, or injured shall be decided by the head of the detention facility based on the prescription of the treating medical facility, but not exceeding twice the standard daily allowance.

Clause 3. Pregnant women or women nursing children under 36 months old under pre-trial detention and custody shall enjoy the same food allowance as other persons under pre-trial detention and custody and receive an additional 30% increase in meat and fish allowances. Women under pre-trial detention and custody who give birth shall be reimbursed hospital fees and receive in-kind benefits worth 30 kg of medium-grade white rice.

Clause 5. The food allowance for foreign nationals under pre-trial detention and custody shall be implemented as prescribed for Vietnamese nationals under pre-trial detention and custody; in cases where international treaties to which Vietnam is a party provide otherwise, such treaties shall apply; in other diplomatic circumstances, the decision shall be made by the head of the detention facility.

5. The ration for foreign nationals who are under temporary detention or pretrial detention shall be implemented according to the provisions for Vietnamese nationals under temporary detention or pretrial detention; in cases where an international treaty to which Vietnam is a party provides otherwise, such treaty shall apply; in other diplomatic cases, the decision shall be made by the head of the detention facility.

Article 5. Catering facilities serving persons under temporary detention and persons under pretrial detention

1. Each detention facility shall organize a catering facility equipped with all necessary utensils to store food and ingredients, prepare meals, and provide meals and drinking water for persons under temporary detention and persons under pretrial detention in accordance with the location, scale, and actual needs of the detention facility. The organization of catering facilities at detention facilities must ensure the appropriate food allowance and food hygiene and safety standards.

2. In cases where detention facilities cannot establish their own catering facilities due to scale and number of persons under temporary detention and persons under pretrial detention, such persons shall be provided meals from the collective catering facility of the management unit of the detention facility.

Article 6. Clothing and personal items for persons under temporary detention and persons under pretrial detention

Persons under temporary detention shall be provided with 01 toothbrush, regular toothpaste not exceeding 20g, and 01 face towel.

Persons under pretrial detention shall be provided with 01 toothbrush, regular toothpaste not exceeding 100g for two months, and 01 face towel for four months, with 0.3 kg of laundry soap being provided monthly.

Female persons under temporary detention and female persons under pretrial detention shall be provided with additional hygiene items worth 02 kg of medium-grade white rice per person per month.

2. Detention facilities shall lend uniforms to persons under temporary detention and persons under pretrial detention according to a unified model, including long-sleeved blouses and long pants with elastic waistbands, without serial numbers, and in blue color.

Article 7. Funding for medical examinations, treatment, healthcare services, and disease prevention for persons under temporary detention and persons under pretrial detention

2. Medical examination and treatment funding for persons under temporary detention and persons under pretrial detention shall be based on the severity of illness and reimbursed according to health insurance benefit levels. In cases where persons under temporary detention or persons under pretrial detention suffer from serious illnesses and the treatment costs exceed the prescribed reimbursement limit under health insurance, the state budget shall cover these costs, except when relatives or legal representatives of such persons voluntarily pay for the treatment costs.

3. Detention facilities shall be responsible for paying actual expenses incurred in medical examinations and treatments for persons under temporary detention and persons under pretrial detention at infirmaries, hospitals within the detention facilities, and state healthcare facilities.

4. State medical examination and treatment facilities shall be responsible for coordinating with detention facilities in their jurisdiction to organize medical examinations and treatments for persons under temporary detention and persons under pretrial detention; they shall establish or arrange separate areas or rooms for medical examinations and treatments for such persons, and suitable duty rooms for management staff in accordance with the conditions of the medical examination and treatment facilities.

1. Children under 36 months old staying with their mothers in detention facilities shall be guaranteed food rations as prescribed in Clause 3, Article 4 of this Decree and be exchanged appropriately according to the needs of the children; they shall be provided with health insurance cards in accordance with the Health Insurance Law 2008 (amended and supplemented in 2014); their basic rights as children shall be ensured in accordance with the Children's Law 2016. On International Children's Day and Mid-Autumn Festival, they shall enjoy double the daily food allowance; each month, they shall be provided with milk and necessary living supplies worth the equivalent of 20 kilograms of medium-grade white rice per child.

2. Children under 36 months old staying with their mothers in detention facilities shall be given medical care and vaccinations in accordance with the regulations of the Ministry of Health. In cases where they suffer from serious illnesses that exceed the treatment capacity of the infirmary or detention facility, the facility shall process the transfer to state healthcare facilities for treatment. The head of the detention facility shall decide on the extraction and escort of the detained mother to accompany her child for care.

The detention facility shall be responsible for covering the actual costs incurred for medical examinations and treatments for children under 36 months old staying with their mothers at the infirmary, hospital within the detention facility, and state healthcare facilities.

3. 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 or pre-trial detainees.

Chapter III

FUNDS TO ENSURE THE ESCORT AND DIETARY REGIME FOR PERSONS WHO ARE EXTRAPOLATED; FUNDS AND CONDITIONS TO ENSURE FUNERAL ORGANIZATION FOR DECEASED DETAINES AND PRE-TRIAL DETAINES

Article 9. Funds to ensure the escort and dietary regime for persons who are extrapolated

1. When detainees or pre-trial detainees are escorted pursuant to an extraction order for medical examination, treatment, forensic medical examination, forensic psychiatric examination; to carry out investigative, prosecution, trial, enforcement activities; to implement decisions of competent authorities transferring detainees or pre-trial detainees to other detention facilities, they shall enjoy double the daily food allowance.

2. When carrying out an extraction order and escorting detainees or pre-trial detainees using transportation means, the escort unit shall be reimbursed for train and bus fares according to the requirements of the escort plan.

Article 10. Funds and conditions to ensure funeral organization for deceased detainees and pre-trial detainees

2. Detention facilities shall organize funerals for deceased detainees or pre-trial detainees through burial or cremation.

4. People's Committees at all levels shall be responsible for allocating suitable land and coordinating with detention facilities to organize funerals and handle death registration procedures for deceased detainees or pre-trial detainees in accordance with the law.

Chapter IV

ORGANIZING VISITS AND MEETINGS WITH CONSULS FOR FOREIGN NATIONALS AMONG DETAINES AND PRE-TRIAL DETAINES

Article 11. Determination of nationality of persons under temporary detention or pretrial detention

1. In cases where persons under temporary detention or pretrial detention declare themselves to be foreigners, the agency handling the case must send a document to the Ministry of Foreign Affairs (the Consular Department or the Ho Chi Minh City Department of Foreign Affairs for provinces and cities south of Quang Nam Province and Da Nang City) requesting confirmation of their nationality and informing the agency handling the case and the detention facility for coordinated management.

2. Upon receiving the document from the agency handling the case, the Ministry of Foreign Affairs shall immediately notify the diplomatic mission or consular office of the country whose nationality the person under temporary detention or pretrial detention holds to confirm their nationality and inform the agency handling the case and the detention facility of the result.

Article 12. Visiting and meeting with foreign nationals under temporary detention or pretrial detention

1. Visiting and meeting with foreign nationals under temporary detention or pretrial detention shall be carried out in accordance with the provisions of Clauses 1, 2, 3, and 4 of Article 22 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

2. In cases involving complex factors affecting national security and public order, the detention facility shall coordinate with the agency handling the case to consider and decide on visiting and meeting.

Article 13. Arranging for foreign nationals under temporary detention or pretrial detention to meet with consular officials

1. Consular visits are activities conducted by diplomatic or consular officials of the diplomatic or consular agencies of the country whose nationals are under temporary detention or pretrial detention to carry out consular visits.

2. The Ministry of Foreign Affairs is the central point for receiving requests for consular visits. Diplomatic missions or consular offices of foreign countries requesting consular visits for their nationals under temporary detention or pretrial detention must submit a request in writing to the Ministry of Foreign Affairs. The content of the request includes:

a) Name of the diplomatic mission or consular office sending the document;

b) Full name, nationality of the person under temporary detention or pretrial detention requiring a consular visit;

c) Detention facility holding the person under temporary detention or pretrial detention;

d) Full name, position, passport number or diplomatic identity card number of those coming for the consular visit;

đ) Full name of the interpreter (if any);

e) Content of the consular visit and other requests (if any).

3. When there is a request for a consular visit, the Ministry of Foreign Affairs shall have the responsibility to notify the content of the consular visit to the agency handling the case.

Within two working days from the date of receipt of the notification from the Ministry of Foreign Affairs requesting a consular visit for the person under temporary detention or pretrial detention, the agency handling the case shall have the responsibility to coordinate with the detention facility to respond in writing regarding agreement for the consular visit and send it to the Ministry of Foreign Affairs to notify the foreign diplomatic mission or consular office making the request to organize the consular visit in coordination with the agency handling the case and the detention facility.

In cases where agreement for a consular visit is not given, the agency handling the case shall respond in writing stating the reasons for the Ministry of Foreign Affairs to notify the foreign diplomatic mission or consular office making the request for a consular visit.

4. If the agency handling the case requests, it shall coordinate with the detention facility to monitor and oversee the consular visit.

Article 14. Cases where consular visits will not be processed

1. The detainee or the person under custody refuses to have a consular visit.

2. In urgent cases to ensure security, order, and safety of the detention facility.

3. When there is an outbreak of disease at the detention facility.

4. During emergency medical treatment for the detainee or the person under custody, or when they are suffering from a Group A infectious disease.

5. The person coming for a consular visit violates the detention facility's regulations.

6. The detainee or the person under custody violates the detention facility's regulations and is currently being disciplined.

Article 15. Responsibilities of agencies in organizing consular visits

1. The head of the detention facility is responsible for organizing consular visits for foreign detainees or persons under custody, ensuring diplomatic requirements, rights, and legitimate interests of the detainees or persons under custody.

2. Agencies under the Ministry of Foreign Affairs are responsible for coordinating with the detention facility to organize consular visits according to regulations; in necessary cases, the head of the detention facility may invite representatives of the Ministry of Foreign Affairs or the Vietnam Red Cross to participate.

Article 16. Responsibilities of staff monitoring consular visits

1. Accepting introduction letters, checking passports, diplomatic cards of those coming for consular visits.

2. Informing about consular visit regulations and the health condition of the detainee or person under custody who is to be visited.

3. Using appropriate methods to monitor the consular visit process, recording the consular visit in a logbook.

4. If the person coming for a consular visit or the detainee or person under custody violates the detention facility's regulations during the consular visit, the monitoring staff shall remind them or report to the head of the detention facility to decide to terminate the consular visit.

5. Reporting and proposing solutions to diplomatic agency or consulate recommendations (if any).

Article 17. Responsibilities of persons coming for consular visits

1. Presenting an introduction letter for consular visits, passport, or diplomatic card; interpreters must present identification documents and be introduced by the diplomatic agency.

2. Adhering strictly to the detention facility's regulations, only performing the contents of the consular visit as stated in the request, subject to supervision and monitoring by the detention facility or the agency handling the case.

Sending letters, gifts, money, books, daily necessities during consular visits shall be carried out in accordance with Clause 2 of Article 27 and Article 29 of the Law on Execution of Detention and Custody.

3. Not transferring prohibited items into the detention facility or contacting others within the consular visit area.

4. Adhering strictly to Vietnamese laws, not making statements or gestures that express support for the detainee or person under custody's violation of the law.

5. During the consular visit, not using audio, video recording devices, cameras, or other technical equipment without the detention facility's consent.

6. Not engaging in activities outside the scope of the consular visit.

Article 18. Consular Access Time

1. A person under temporary detention shall be granted consular access once during the period of temporary detention, and once for each extension of temporary detention, with each session not exceeding one hour.

2. A person under pre-trial detention shall be granted consular access once per month, with consular access organized during working hours on working days, with each session not exceeding one hour.

3. Any increase in the number of consular access sessions or the number of persons granted consular access must be approved by the agency handling the case.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from January 1, 2018.

The Government Decree No. 89/1998/NĐ-CP dated November 7, 1998, promulgating regulations on temporary detention and pre-trial detention; the Government Decree No. 98/2002/NĐ-CP dated November 27, 2002, amending and supplementing certain provisions of the regulations on temporary detention and pre-trial detention; and the Government Decree No. 09/2011/NĐ-CP dated January 25, 2011, amending and supplementing the food allowance and medical examination and treatment regime for persons under temporary detention and pre-trial detention as stipulated in Articles 26 and 28 of the regulations on temporary detention and pre-trial detention issued together with the Government Decree No. 89/1999/NĐ-CP dated November 7, 1998, are hereby repealed.

Article 20. Responsibility for Implementation

The Minister of Public Security, the Minister of National Defense, the Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, and the Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.

                                                                                   TM. GOVERNMENT
                                                                                          PRIME MINISTER

                                                                                          NGUYEN XUAN PHUC