LAW ON TEMPORARY DETENTION, TEMPORARY IMPRISONMENT AND RESTRICTION FROM LEAVING PLACE OF RESIDENCE NUMBER 128/2025/QH15

LAW
IMPLEMENTATION OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT AND PROHIBITION FROM LEAVING THE PLACE OF RESIDENCE

 

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15 The National Assembly promulgates this Law on Implementation of Temporary Detention, Temporary Imprisonment, and Prohibition from Leaving the Place of Residence.;

This Law stipulates principles, procedures, and formalities for implementing preventive measures in criminal proceedings including temporary detention, temporary imprisonment, and prohibition from leaving the place of residence; organization, tasks, powers, and models of management agencies for temporary detention, temporary imprisonment, and prohibition from leaving the place of residence; rights and obligations of persons subject to temporary detention, temporary imprisonment, and prohibition from leaving the place of residence; responsibilities of agencies, organizations, and individuals related to the implementation of preventive measures of temporary detention, temporary imprisonment, and prohibition from leaving the place of residence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

A person under temporary detention

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. is a person being managed by a detention facility during the period of temporary detention or extension of temporary detention as prescribed by the Criminal Procedure Code. A person under temporary imprisonment

2. is a person being managed by a detention facility during the period of temporary imprisonment or extension of temporary imprisonment as prescribed by the Criminal Procedure Code, including suspects; defendants; persons temporarily imprisoned for extradition purposes; persons awaiting execution of custodial sentences; persons sentenced to death awaiting execution. A person prohibited from leaving the place of residence

3. is a person whose right to travel outside the administrative area of the commune, ward, special economic zone, or military unit's management area where they reside is restricted for a specified period as prescribed by the Criminal Procedure Code to ensure their presence at summons by competent judicial authorities, including suspects; defendants; persons requested for extradition; persons awaiting execution of custodial sentences. Temporary detention and temporary imprisonment regime

4. includes the management and detention system for persons under temporary detention and temporary imprisonment, and the food, accommodation, clothing, personal effects, medical care, spiritual activities, sending and receiving letters, books, newspapers, and documents, receiving gifts, meeting relatives, defense counsel, consular visits, and humanitarian organization contacts of persons under temporary detention and temporary imprisonment. Detention facilities

5. include temporary detention centers; temporary detention sections within temporary detention centers; temporary holding houses; temporary holding rooms of Border Guard Posts, Border Guard Ports, Marine Police Regions, Special Zone Police. Detention area

6. is the scope of the area containing detention structures and auxiliary structures serving detention. Extraction

7. is the act of taking a person under temporary detention or temporary imprisonment out of the detention room for a specific period pursuant to an order or decision of a competent authority to carry out criminal proceedings, medical examinations, treatment, meetings, consular visits, detention service work, and other rights and obligations as prescribed by law. Record book

8. is a summary record of personal history, physical description, three-position photographs, and fingerprints of two index fingers of persons under temporary detention or temporary imprisonment established and kept by a competent authority. Complete record

9. is a summary record of personal history and fingerprints of all fingers, left palm print, and right palm print of persons under temporary detention or temporary imprisonment established and kept by a competent authority. Relatives of persons under temporary detention or temporary imprisonment

10. (hereinafter referred to as relatives) include spouse, father, mother, father-in-law, mother-in-law, father-in-law, mother-in-law, foster father, foster mother, biological child, adopted child, daughter-in-law, son-in-law, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full brother, full sister, full younger brother, full older brother, great-grandfather, great-grandmother, uncle, aunt, cousin, niece, nephew, grandniece, grandnephew of them. (hereinafter referred to as relatives) include spouse, father, mother, father-in-law, mother-in-law, father-in-law's side, mother-in-law's side, biological son, adopted son, daughter-in-law, son-in-law; paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, full brother, full sister, younger brother, younger sister, great-grandfather, great-grandmother, uncle, cousin, aunt, elder sister, nephew, niece, grandnephew, grandniece of the family.

Article 3. Principles for managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence

1. Compliance with the Constitution and laws; ensuring human rights, state interests, and legitimate rights and interests of organizations and individuals.

2. Ensuring strict enforcement of orders and decisions regarding temporary detention, pre-trial detention, and prohibition from leaving residence, and release by competent authorities.

3. Ensuring humanitarian treatment; no torture, coercion, humiliation, or any other form of treatment that infringes upon the life, health, rights, and legitimate interests of those temporarily detained, pre-trial detained, or prohibited from leaving their residence.

4. Ensuring that those temporarily detained, pre-trial detained, or prohibited from leaving their residence can exercise their human rights and citizen's rights and obligations unless restricted by this Law and other relevant laws.

5. Applying detention management measures based on the nature and severity of criminal acts, age, gender, health; ensuring gender equality, legitimate rights and interests of women and persons under 18 years old and other personal characteristics of those temporarily detained, pre-trial detained.

6. Utilizing science and technology in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence.

Article 4. Responsibilities for coordination among agencies, organizations, and individuals in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence

Agencies, organizations, and individuals within their scope of duties and authority shall be responsible for coordinating and implementing the requirements of competent authorities as stipulated by this Law in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence.

Article 5. Supervision of management and enforcement activities prohibition from leaving residence

The People's Procuracy shall supervise the compliance with laws by agencies, organizations, and individuals related to managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence according to this Law, the Law on Organization of the People's Procuracy, the Criminal Procedure Code, and other relevant laws.

Article 6. Oversight of management and enforcement activities prohibition from leaving residence

The National Assembly, People's Councils, the Vietnam Fatherland Front, and its member organizations shall oversee the activities of management and enforcement agencies, temporary detention, pre-trial detention, prohibition from leaving residence, and other agencies and organizations related to these activities according to the law.

Article 7. Prohibited Acts

1. Torture, coercion, humiliation; cruel, inhumane, degrading treatment or punishment, or any other form of treatment that infringes upon the rights and legitimate interests of those temporarily detained, pre-trial detained, or prohibited from leaving their residence.

2. Non-compliance with or improper execution of orders and decisions of agencies and authorized persons regarding temporary detention, pre-trial detention, release, and prohibition from leaving residence.

3. Detaining persons illegally; releasing illegally those temporarily detained or pre-trial detained; violating regulations in managing, guarding, escorting those temporarily detained or pre-trial detained; allowing those prohibited from leaving their residence to leave illegally.

4. Obstructing those temporarily detained or pre-trial detained from exercising their right to meet relatives, right to legal defense, access to legal aid, consular contact, complaints, accusations, and other citizen's rights and obligations as stipulated by this Law and other relevant laws.

5. Destroying detention facilities, damaging or intentionally destroying property of detention facilities; organizing escapes or escaping from detention; organizing escapes or escaping during escort or while prohibited from leaving residence; freeing those temporarily detained or pre-trial detained.

6. Non-compliance with internal rules of detention facilities, detention management systems, or decisions and requests of competent authorities managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence.

7. Implementing or organizing, inciting, urging, enticing, assisting, concealing, compelling others to violate laws on enforcing temporary detention, pre-trial detention, and prohibition from leaving residence; retaliating, infringing upon the lives, health, reputations, dignity, properties of others during the enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence.

Chapter II

ORGANIZATIONAL STRUCTURE, DUTIES, AUTHORITY, MODELS CỦA MANAGEMENT AND ENFORCEMENT AGENCIES FOR TEMPORARY DETENTION, PRE-TRIAL DETENTION AND PROHIBITION FROM LEAVING THE PLACE OF RESIDENCE

Article 8. System of Organizational Agencies for Temporary Detention, Pretrial Detention, and Restriction on Leaving Residence

1. The system of organizational agencies for temporary detention, pretrial detention, and restriction on leaving residence within the People's Public Security includes the agency managing temporary detention, pretrial detention, and restriction on leaving residence under the Ministry of Public Security; the agency managing temporary detention, pretrial detention, and restriction on leaving residence at provincial-level public security offices.

2. The system of organizational agencies for temporary detention, pretrial detention, and restriction on leaving residence within the People's Army includes the agency managing temporary detention, pretrial detention, and restriction on leaving residence under the Ministry of National Defense; the agency managing temporary detention, pretrial detention, and restriction on leaving residence at military regions and equivalent levels (hereinafter referred to as military region level); Border Guard Command; Coast Guard Zone Command.

3. The Minister of Public Security and the Minister of National Defense shall specify in detail the organizational structure of the agencies managing temporary detention, pretrial detention, and restriction on leaving residence.

Article 9. System of Organizational Agencies for Execution of Temporary Detention, Pretrial Detention, and Restriction on Leaving Residence

1. Agencies executing temporary detention and pretrial detention include:

a) Detention centers, sub-detention centers under the Ministry of Public Security's detention center;

b) Detention centers, sub-detention centers under the Ministry of National Defense's detention center;

c) Detention centers, sub-detention centers under provincial-level public security offices' detention centers; detention centers under military region level;

d) Holding facilities under criminal investigation agencies in the People's Army;

đ) Holding cells of special zone police;

e) Holding cells of border guard posts in remote areas or far from detention facilities, of port border guards;

g) Holding cells of coast guard zones.

2. People's Committee at the commune level, commune-level public security offices, military units assigned to manage and monitor persons restricted from leaving their place of residence are agencies or units entrusted with certain tasks to execute measures restricting departure from place of residence.

3. The Minister of Public Security decides on the establishment, dissolution of detention facilities, the scale of detention facilities; promulgates internal regulations of detention facilities within the People's Public Security. The Minister of National Defense decides on the establishment, dissolution of detention facilities, the scale of detention facilities; promulgates internal regulations of detention facilities within the People's Army.

Article 10. Duties and Powers of Agencies Managing Temporary Detention, Pretrial Detention, and Restriction on Leaving Residence

1. The agencies managing temporary detention, pretrial detention, and restriction on leaving residence under the Ministry of Public Security and the Ministry of National Defense have the following duties and powers:

a) Assist the Minister of Public Security, the Minister of National Defense in implementing state management over temporary detention, pretrial detention, and restriction on leaving residence;

b) Decide on the transfer of persons under temporary detention or pretrial detention between detention facilities;

c) Perform other duties and powers delegated by the Minister of Public Security, the Minister of National Defense.

2. The agencies managing temporary detention, pretrial detention, and restriction on leaving residence at provincial-level public security offices and military region level have the following duties and powers:

a) Assist the Director of provincial-level public security offices, the Head of military region level in managing the execution of temporary detention, pretrial detention, and restriction on leaving residence within their jurisdiction;

b) Decide on the transfer of persons under temporary detention or pretrial detention between detention facilities within the province, city, military region and equivalent levels or in other cases as prescribed by this Law;

c) Perform other duties and powers delegated by the Minister of Public Security, the Minister of National Defense.

3. The Border Guard Command has the duty and power to direct operations and inspect the execution of temporary detention for holding cells of border guard posts and port border guards.

4. The Coast Guard Zone Command has the duty and power to direct operations and inspect the execution of temporary detention for holding cells of coast guard zones.

Article 11. Tasks and Authorities of Detention Houses and Remand Centers

1. Detention houses and remand centers shall have the following tasks and authorities:

a) Receiving, registering files, preparing lists and copies of persons under temporary detention or remand according to orders or decisions of competent authorities as prescribed in the Criminal Procedure Code or persons with transfer decisions as stipulated in this Law;

b) Implementing measures for managing and detaining persons under temporary detention or remand;

c) Applying measures to ensure the safety of lives, bodies, properties, respect for dignity and personality of persons under temporary detention or remand;

d) Ensuring that persons under temporary detention or remand can exercise their rights and fulfill their obligations as prescribed in this Law and other relevant laws; resolving complaints within their authority or transferring appeals, complaints, denunciations, requests, suggestions of persons under temporary detention or remand to competent agencies for resolution;

đ) Delivering persons under temporary detention or remand according to extraction orders or decisions of competent authorities;

e) Reporting to competent authorities when there is evidence that detention or remand orders or release decisions are contrary to the law;

g) Cooperating with related agencies, organizations, and individuals in investigation, prosecution, trial, and enforcement of sentences;

h) Notifying in writing the agency handling the case one day before the expiration of the temporary detention period, extension of temporary detention, five days before the expiration of the remand period, ten days before the expiration of the extended remand period, and requesting the agency handling the case to resolve according to the law; in cases where the temporary detention or remand period expires and the agency handling the case does not resolve, immediately proposing the competent People's Procuracy to handle;

i) Releasing persons under temporary detention or remand according to decisions of competent agencies or persons with authority;

k) Implementing statistics and reports on the execution of temporary detention and remand; performing other tasks and authorities assigned by the Minister of Public Security or the Minister of National Defense;

2. Remand centers and sub-remand centers, in addition to the tasks and authorities specified in Clause 1 of this Article, also have the task of receiving, managing, detaining, and reforming prisoners, and performing other tasks and authorities as prescribed by laws on criminal enforcement;

3. The Head of the Detention House and the Warden of the Remand Center shall have the following tasks and authorities:

a) The Head of the Detention House organizes the implementation of the tasks and authorities of the detention house as prescribed in Clause 1 of this Article; the Warden of the Remand Center organizes the implementation of the tasks and authorities of the remand center as prescribed in Clauses 1 and 2 of this Article;

b) Deciding on classification and organization of detention for persons under temporary detention or remand;

c) Deciding on inspection, confiscation, and handling of items listed in the prohibited item directory for the detention area;

d) Issuing extraction orders for medical examination, treatment, and service of detention work; issuing extraction orders or deciding meetings with relatives, defense counsel, or lawful representatives to exercise certain rights and fulfill obligations prescribed by law;

đ) Implementing extraction orders or decisions of competent agencies for foreign nationals under temporary detention or remand to contact consular officials or humanitarian organizations;

e) Organizing security for detention facilities; ensuring environmental hygiene; preventing natural disasters and epidemics; notifying the nearest health agency when an epidemic occurs to cooperate in controlling it;

4. Deputy Heads of Detention Houses, Deputy Wardens of Remand Centers, and Heads of Sub-Remand Centers shall assist the Head of the Detention House, the Warden of the Remand Center according to their division of labor or delegation from the Head of the Detention House, the Warden of the Remand Center and shall be responsible within the scope of the tasks and authorities delegated to them;

5. The Head of the Detention House, Deputy Heads of the Detention House, the Warden of the Remand Center, Deputy Wardens of the Remand Center, Heads of Sub-Remand Centers, and persons executing temporary detention and remand shall be responsible for their actions and decisions in implementing laws on temporary detention and remand; if they violate, they shall be disciplined or criminally prosecuted depending on the nature and severity of the violation.

Article 12. Model of Detention House and Remand Center

1\. The detention house includes cells for temporary detention, remand, and disciplinary purposes; it also has facilities to serve management, detention, criminal proceedings activities. Depending on the scale of detention, the detention house may have facilities to serve daily life, medical care, education for those temporarily detained or remanded; and facilities for work and daily life of officers, professional soldiers, non-commissioned officers, soldiers, workers, and staff working at the detention house.

2\. The remand center includes remand cells, detention areas, remand cells, temporary detention cells, cells for prisoners awaiting execution of prison sentences, cells for death row inmates awaiting execution, disciplinary cells, cells for extracted convicts, prisoner management units; rooms serving as remote court hearing points; command centers for monitoring, surveillance, image analysis, information updating, storage, transmission, and exploitation; other facilities to serve management, detention, prosecution, enforcement of sentences, daily life, medical care, and education for those temporarily detained or remanded, and prisoners serving sentences; and facilities for work and daily life of officers, professional soldiers, non-commissioned officers, soldiers, workers, and staff working at the remand center.

3\. The Minister of Public Security shall stipulate technical standards for designing and constructing detention facilities and standards for applying science and technology in managing detention facilities within the People's Public Security to ensure security and safety. The Minister of National Defense shall stipulate technical standards for designing and constructing detention facilities and standards for applying science and technology in managing detention facilities within the People's Armed Forces to ensure security and safety. establish detention facilities and standards for applying science and technology in managing detention facilities in the People's Public Security ensuring security and safety. The Minister of National Defense shall stipulate technical standards in the design and construction of detention facilities and standards for applying science and technology in managing detention facilities in the People's Army ensuring security and safety.

Article 13. Temporary Detention Cells hold

1\. Special Zone Police may organize temporary detention cells to manage and implement temporary detention measures against individuals subject to temporary detention decisions made by the Head of Special Zone Police or Deputy Head of Special Zone Police who is a mid-level investigator, senior investigator, or another person with authority as prescribed by the Criminal Procedure Code.

2\. Border Guard Posts located in remote areas or far from detention facilities, and Port Border Guards may organize temporary detention cells to manage and implement temporary detention measures against individuals subject to temporary detention decisions made by the Post Commander of Border Guard Posts, the Commanding Officer of Port Border Guards, or another person with authority as prescribed by the Criminal Procedure Code.

3\. Coast Guard Zones may organize temporary detention cells to manage and implement temporary detention measures against individuals subject to temporary detention decisions made by the Commander of Coast Guard Zones or another person with authority as prescribed by the Criminal Procedure Code.

4\. Temporary detention cells of Special Zone Police, Border Guard Posts, Port Border Guards, and Coast Guard Zones shall have a Cell Leader directly managed by the Head of Special Zone Police, Post Commander of Border Guard Posts, Commanding Officer of Port Border Guards, or Commander of Coast Guard Zones. The Cell Leader shall have responsibilities and powers in managing temporarily detained individuals as stipulated in Clause 3, Article 11 of this Law.

Chapter III
MANAGEMENT REGIME OF DETENTION

Article 14Reception of Individuals Temporarily Detained or Remanded

1\. Upon receiving individuals temporarily detained or remanded, the detention facility shall be responsible for organizing the following tasks:

a\. Conducting information checks to confirm the identity of the temporarily detained or remanded individuals according to orders or decisions of authorized persons; organizing health examinations, body inspections of the temporarily detained or remanded individuals and children under 36 months old accompanying them (if any); if immediate health examinations cannot be conducted, their health conditions must be recorded with signatures or fingerprints of the temporarily detained or remanded individuals, confirmed by the transferring party, and health examinations must be organized within 48 hours from receipt. Body inspections of males shall be conducted by male officers, females by female officers; if the gender of the temporarily detained or remanded individual cannot be determined, body inspections shall be conducted by medical personnel. Body inspections shall be carried out in private locations;

b\. Preparing handover records for temporarily detained or remanded individuals, accompanying documents, and entering them into tracking logs;

c\. Informing, guiding, and explaining the rights and obligations of temporarily detained or remanded individuals and the internal regulations of the detention facility; inspecting and handling items brought by temporarily detained or remanded individuals before they are placed in detention or temporary detention cells.

2\. In addition to immediately performing the tasks specified in Clause 1 of this Article, the detention facility must also perform the following tasks:

a\. Creating and updating records and storing information about temporarily detained or remanded individuals within 48 hours from receipt;

b\. Collecting biometric data including iris scans, DNA, and voice samples for temporarily detained or remanded individuals if such information is not available in the Citizen Identification Database. Collected information shall be shared with the citizen identification management agency to update and adjust the Citizen Identification Database.

3\. If an individual already subject to a temporary detention or remand order suffers injuries or serious illness requiring treatment and rescue at a medical facility, and bringing them to the detention facility for handover would seriously affect their health or endanger their lives, the investigating agency must immediately escort the individual to the medical facility for treatment and rescue, and coordinate with the detention facility and medical facility to organize handover, reception, and management according to regulations.

Article 15Management Files for Temporary Detention and Remand

1\. Management files for temporary detention and remand include:

a\. Orders, decisions, and records regarding arrest, temporary detention, remand, extension of temporary detention, extension of remand, warrant issuance, release, extraction, transfer; approvals by the Prosecutor's Office;

b) Record of handover of persons under temporary detention, persons under pretrial detention, accompanying documents and files; record of handover of money and other assets of persons under temporary detention, persons under pretrial detention deposited for safekeeping or handed over to their relatives or legal representatives for management; decision and record of destruction of prohibited items listed in the prohibited item directory;

c) Copies, originals, personal history records, and related documents; results of biometric data collection for persons under temporary detention, persons under pretrial detention; documents related to compliance with detention regulations; record and disciplinary decision regarding violation of internal rules of the detention facility, detention management system, laws on temporary detention and pretrial detention; health-related documents, medical examination and treatment records; documents related to the exercise of rights and obligations of persons under temporary detention, persons under pretrial detention during detention; documents related to the handling of appeals, complaints, reports, requests, proposals of persons under temporary detention, persons under pretrial detention; documents related to visits, consular meetings, contacts with humanitarian organizations;

d) Decision of the competent authority to transfer convicted prisoners to serve their sentences; decision of the Execution Council to transfer death row inmates for execution;

đ) Other related documents (if any);

2. For persons under pretrial detention who were previously under temporary detention, the pretrial detention file also includes documents from the temporary detention file;

3. The Minister of Public Security and the Minister of National Defense shall stipulate the management, storage, exploitation, and use of temporary detention and pretrial detention files;

Article 16. Classification and Detention Management

1. Classification and Arrangement of Detention:

a) Persons under temporary detention;

b) Persons under pretrial detention;

c) Persons under 18 years old;

d) Women;

đ) Foreign nationals;

e) Persons suffering from Category A infectious diseases;

g) Persons committing particularly serious criminal acts; habitual offenders;

h) Persons committing crimes endangering national security;

i) Death row inmates;

k) Persons awaiting imprisonment;

l) Persons frequently violating the internal rules of the detention facility;

m) Persons showing signs of mental illness or another disease that impairs cognitive or behavioral control but have not been assessed, are awaiting assessment results, or are awaiting transfer to a compulsory medical facility;

n) Prisoners serving temporary detention and pretrial detention purposes;

o) Prisoners extracted for service in crime prevention and suppression, investigation, prosecution, trial, and enforcement;

2. Co-detention in the same cell is not allowed for individuals involved in the same case during the investigation, prosecution, and trial stages;

3. In special cases, due to practical conditions, if the detention facility cannot meet the requirement of separate detention or to ensure investigative, prosecutorial, and judicial requirements, and to ensure safety for detained individuals, the head of the detention facility shall coordinate with the investigating agency to decide in writing those individuals who may be co-detained. Co-detention of minors under 18 with adults aged 18 and above is only permitted to ensure the safety of minors under 18;

4. The following individuals may be arranged for solitary confinement:

a) Homosexuals, transgender individuals, or other gender-specific cases;

b) Individuals specified in points e, i, and m of Clause 1 of this Article;

c) Pregnant women or women with children under 36 months old;

5. In cases of force majeure, the head of the detention facility shall decide on detention arrangements and must ensure no collusion occurs and that it does not hinder investigative, prosecutorial, and judicial activities;

Article 17. Rights and Obligations of Persons Under Temporary Detention and Pretrial Detention

1. Persons under temporary detention and pretrial detention have the following rights:

a) Protection of life, body, property, respect for dignity and personality; dissemination of their rights and obligations, and internal rules of the detention facility;

b) Exercise of the right to vote according to the Law on Election of Deputies to the National Assembly and People's Councils, and the right to participate in public opinion polls according to the Law on Public Opinion Polls;

c) Assurance of living standards, clothing, personal hygiene items, medical care, spiritual activities, sending and receiving letters, books, newspapers, and documents, receiving gifts;

d) Meeting with relatives, defense counsel, consular visits, contact with humanitarian organizations;

đ) Guidance, explanation, and assurance of exercising self-defense rights, seeking legal aid, and appointing defense counsel;

e) Meeting with legal representatives to conduct civil transactions or conducting such transactions when they are not authorized to delegate others, with the consent of the investigating agency;

g) Release upon expiration of the temporary detention or pretrial detention period;

h) Filing complaints and reports against violations of the law;

i) Compensation for damages according to the Law on State Liability for Compensation if detained illegally;

k) Enjoyment of other citizen rights not restricted by this Law and other relevant laws, except where such rights cannot be exercised due to detention;

2. Persons under temporary detention and pretrial detention have the following obligations:

a) Compliance with decisions, requests, and guidance of the authorities and persons authorized to manage and enforce temporary detention and pretrial detention;

b) Compliance with the internal rules of the detention facility, this Law, and other relevant laws;

     Article 18. Management System for Persons Under Temporary Detention and Pretrial Detention

1. The detention facility must be guarded, protected, managed, inspected, and monitored 24 hours a day;

2. Persons under temporary detention must stay in temporary detention cells; persons under pretrial detention must stay in pretrial detention cells. They may leave the detention cell only upon orders or decisions of the head of the detention facility to carry out extractions and other activities as stipulated in Clause 6 and Clause 7 of Article 20 of this Law and the internal rules of the detention facility;

3. Persons under temporary detention and pretrial detention are restricted in their freedom of movement, transactions, contacts, information, communication, and religious propaganda. If necessary, the right stipulated in point e of Clause 1 of Article 17 of this Law must be approved by the investigating agency.

Article 19. Implement the transfer of persons under temporary detention or pretrial detention

1. The transfer of persons under temporary detention or pretrial detention between detention facilities shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence after coordinating with the head of the agency handling the case and notifying the competent People's Procuracy. The transfer shall be carried out within the period of temporary detention or pretrial detention but not exceeding seven days from the date of the transfer decision.

2. The authority to transfer persons under temporary detention or pretrial detention shall be implemented in accordance with Article 10 of this Law and the following provisions:

a) The transfer between detention facilities under the same province, city, military region, or equivalent shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the provincial or military regional level.

b) The transfer between detention facilities not under the same province, city, military region, or equivalent shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the provincial or military regional level where the person is being transferred from after coordinating with the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the provincial or military regional level where the person is being received.

c) The transfer between a detention facility under the provincial or military regional police and a detention facility under the Ministry of Public Security or the Ministry of National Defense shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the Ministry of Public Security or the Ministry of National Defense.

d) The transfer between pretrial detention centers under the Ministry of Public Security or the Ministry of National Defense shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the Ministry of Public Security or the Ministry of National Defense.

đ) The transfer between detention facilities within the People's Police and detention facilities within the People's Army shall be decided by the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the location where the person is being transferred from after coordinating with the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the location where the person is being received.

e) The transfer of persons under temporary detention from the temporary detention room of Border Guard Posts or Border Gate Port Police Stations to detention facilities within the People's Police shall be decided by the Border Force Command after coordinating with the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the location where the person is being received.

g) The transfer of persons under temporary detention from the temporary detention room of Coast Guard Zones to detention facilities within the People's Police shall be decided by the Commander of the Coast Guard Zone after coordinating with the head of the agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the location where the person is being received.

h) The agency managing temporary detention, pretrial detention, and prohibition from leaving the place of residence at the Ministry of Public Security or the Ministry of National Defense shall decide on the transfer of persons under temporary detention or pretrial detention in accordance with point b, Clause 1 of Article 10 of this Law.

Article 20. Implement the extraction of persons under temporary detention or pretrial detention

1. The extraction of persons under temporary detention or pretrial detention may only be carried out when there is an extraction order from a competent authority in accordance with this Law and other relevant laws in the following cases:

a) To serve the activities of investigating criminal leads, initiating prosecution, investigation, prosecution, trial, enforcement of judgments, and detention work;

b) For medical examination, treatment, forensic medical examination, or forensic psychiatric examination;

c) To meet relatives, defense counsel, or legally authorized representatives to exercise certain rights or obligations prescribed by law;

d) Foreign nationals under temporary detention or pretrial detention to contact consular officials or humanitarian organizations in accordance with international treaties to which the Socialist Republic of Vietnam is a party or pursuant to agreements between the Socialist Republic of Vietnam and the relevant country, or for diplomatic reasons in specific cases.

2. In the case where the head of the detention facility extracts persons under temporary detention or pretrial detention for medical examination or treatment, they must immediately notify the agency handling the case and the competent People's Procuracy. The head of the detention facility deciding to extract persons under temporary detention or pretrial detention to conduct civil transactions for those who have not been authorized to another person must obtain the consent of the agency handling the case and notify the competent People's Procuracy.

3. The extraction order must contain the following main contents:

a) The agency, name, position, rank of the person issuing the order;

b) Name, year of birth, personal identification number (if available) or passport number (if available), nationality, place of residence, criminal act, date of temporary detention, date of pretrial detention of the person to be extracted;

c) Purpose and duration of the extraction;

d) Name, position, rank, agency of the person responsible for escorting the person to be extracted or the agency responsible for escorting;

đ) Name, position, rank (if applicable) of the person receiving the extraction from the competent agency issuing the extraction order;

e) Date, month, year of issuance; signature of the person issuing the order with a stamp affixed.

4. The detention facility has the responsibility to check and hand over persons under temporary detention or pretrial detention to the agency or person responsible for escorting. The agency or person responsible for escorting has the responsibility to hand over the extracted person to the competent authority issuing the extraction order. The handover must be recorded in a record, clearly stating the health condition of the person and recorded in the tracking log.

5. The escort, management, and funding to ensure living conditions for the extracted person shall be carried out as follows:

a) The competent authority issuing the extraction order shall be responsible for receiving the extracted person, except in the case where the head of the detention facility extracts the person. The agency or person responsible for escorting shall cooperate with the detention facility and the competent authority issuing the extraction order to manage and ensure the living conditions for the extracted person in accordance with this Law.

When the period for extraction expires or before the expiration of the period but the purpose of extraction has been completed, the person authorized to issue the extraction order shall hand over the extracted person to the agency or person responsible for escorting to deliver the extracted person to the detention facility, except in cases where the person under temporary custody or pre-trial detention is released according to the judgment or decision of the agency or authorized person. If there is a need to continue the extraction, an extension order for extraction must be issued. The duration of extraction and extension of extraction shall not exceed the remaining period of temporary custody or pre-trial detention; the extension order for extraction must be sent to the detention facility.

In cases where extraction serves the trial work, the agency or person responsible for escorting shall be responsible for receiving and managing the person under temporary custody or pre-trial detention from the time of extraction until the completion of the trial and then returning the person to the detention facility.

b) In cases where the person under temporary custody or pre-trial detention is escorted out of the detention facility for medical examination, treatment, forensic medical examination, forensic psychiatric examination; serving activities related to criminal information processing, prosecution, investigation, prosecution, trial, enforcement of sentences, detention work, they shall be entitled to a food allowance twice the daily standard.

c) In cases where the extraction and escort of the person under temporary custody or pre-trial detention are carried out using transportation means, the agency or person responsible for escorting shall be reimbursed for travel expenses according to the escort plan requirements.

6. In cases where the activity specified in Clause 1 of this Article is carried out within the premises of the detention facility, the Head of the Detention Facility shall decide to bring the person under temporary custody or pre-trial detention out of the cell without requiring an extraction order.

7. In cases where the activity is carried out according to the internal regulations of the detention facility within its premises, the Head of the Detention Facility shall decide to bring the person under temporary custody or pre-trial detention out of the holding cell or pre-trial detention cell without requiring an extraction order and must ensure that there is no communication between detainees or causing difficulties for investigative activities.

8. When the person under temporary custody or pre-trial detention is extracted outside the detention facility, they shall wear a uniform provided by the detention facility, except when extracted for court proceedings.

Article 21. Transfer of persons under temporary custody, pre-trial detention

The detention facility shall be responsible for transferring the person under temporary custody or pre-trial detention in the following cases:

1. When there is a decision by the temporary custody or pre-trial detention management agency to transfer the person under temporary custody or pre-trial detention to another detention facility.

2. When there is a decision by the authorized agency to transfer the convicted person to the place of sentence execution.

3. When there is a decision by the Death Penalty Enforcement Council to transfer the sentenced person to the place of death penalty execution.

4. When there is a written request by the agency that issued the arrest warrant or the authorized Investigative Agency to transfer the arrested person according to the arrest warrant to another detention facility.

5. When there is a decision on extradition by the authorized agency.

Article 22. Visiting meeting relatives , defense counsel, consular visits, contact with humanitarian organizationsof persons under temporary custody, pre-trial detention 1. Persons under temporary custody may meet their relatives once during the period of temporary custody, and once each time the temporary custody is extended. Persons under pre-trial detention may meet their relatives once a month; additional meetings or meetings with non-relatives require the consent of the agency handling the case. Each meeting shall not exceed one hour.

2. Visitors must present identification and proof of relationship with the person under temporary custody or pre-trial detention if they are relatives. The visit must be closely monitored and supervised by the detention facility; it shall not affect the criminal proceedings of the agency or authorized person; visitors must comply with visiting regulations; if the agency handling the case requests, they must cooperate with the detention facility to monitor and supervise the visit. The Head of the Detention Facility shall determine the specific time for the visit and notify the agency handling the case about the visit to the person under temporary custody or pre-trial detention.

3. Defense counsel may meet the person under temporary custody or pre-trial detention to provide legal representation as prescribed by the Criminal Procedure Code and this Law at the detention facility's office or where the person is being examined or treated; they must present identification and proof of their representation for the person under temporary custody or pre-trial detention.

4. The Head of the Detention Facility shall not agree to visits to the person under temporary custody or pre-trial detention in the following cases and must clearly state the reasons:

a) Relatives do not present identification or proof of relationship with the person under temporary custody or pre-trial detention, or the agency handling the case has requested in writing that the person under temporary custody or pre-trial detention not meet their relatives due to serious impact on the case resolution; defense counsel do not present identification or proof of their representation for the person under temporary custody or pre-trial detention;

b) In urgent situations to protect the safety of the detention facility or to organize the capture of a person under temporary custody or pre-trial detention who has escaped;

c) When there is an outbreak of disease in the area with the detention facility or during the epidemic prevention period of the authorized agency;

d) When the person under temporary custody or pre-trial detention is undergoing emergency care or suffering from a Category A infectious disease;

e) When the person under temporary custody or pre-trial detention is being interrogated or participating in other criminal proceedings;

f) When the person under temporary custody or pre-trial detention does not agree to the visit. In such cases, the visitor may directly meet the person under temporary custody or pre-trial detention to confirm the refusal of the visit;

g) When the visitor intentionally violates the detention facility's internal rules or management regulations two or more times;

h) When the person under temporary custody or pre-trial detention is under disciplinary action as stipulated in Clause 3 of Article 23 of this Law.

h) Persons under temporary detention or temporary custody who are being disciplined according to Clause 3, Article 23 of this Law.

5. The visitation and meeting with foreign persons under temporary detention or pretrial detention, and their contact with consular officials and humanitarian organizations shall be carried out as follows:

a) Visitation and meeting with foreign persons under temporary detention or pretrial detention shall be conducted in accordance with the provisions of Clauses 1, 2, 3, and 4 of this Article;

b) Foreign persons under temporary detention or pretrial detention may have contact with consular officials and humanitarian organizations during the period of temporary detention or pretrial detention. Such contacts shall be conducted in accordance with international treaties to which the Socialist Republic of Vietnam is a party or through agreements between the Socialist Republic of Vietnam and the relevant countries, or for specific diplomatic reasons. The agency handling the case shall decide the specific time for such contacts;

c) Contacts and meetings may invite representatives of the Vietnamese diplomatic agency or the Vietnamese Red Cross Society to attend.

6. Cases where consular contact and contact with humanitarian organizations will not be resolved:

a) The person under temporary detention or pretrial detention refuses consular contact and contact with humanitarian organizations;

b) The cases stipulated in Points b, c, d, and h of Clause 4 of this Article.

7. The Government shall provide detailed regulations on Clause 5 and Clause 6 of this Article.

8. The Minister of Public Security and the Minister of National Defense shall provide specific regulations on organizing visits and meetings between persons under temporary detention or pretrial detention and their relatives.

Article 23. Disciplinary Measures for Persons Under Temporary Detention or Pretrial Detention Who Violate Rules of the Detention Facility or Detention Management System

1. Persons under temporary detention or pretrial detention who violate the rules of the detention facility or the detention management system shall be subject to disciplinary measures, depending on the nature and degree of violation, in one of the following forms:

a) Warning;

b) Isolation in a disciplinary cell for one to two days and may be extended up to two additional days for persons under temporary detention; isolation in a disciplinary cell for three to seven days and may be extended up to ten additional days for persons under pretrial detention. The duration of isolation shall not exceed the remaining period of temporary detention or pretrial detention.

2. Isolation in a disciplinary cell as a disciplinary measure shall be implemented if the person under temporary detention or pretrial detention violates the rules of the detention facility or the detention management system twice or more, or engages in acts specified in Clause 5 and Clause 7 of Article 7 of this Law.

3. If a person isolated in a disciplinary cell engages in violent resistance against the detention facility, suicide, self-inflicted injury, or infringement upon the lives or health of others, they shall be shackled at one leg. The duration of leg shackling shall be decided by the head of the detention facility. Leg shackling shall not be applied to persons under 18 years old, women, severely disabled persons, or those aged 70 or older. During the period of isolation in a disciplinary cell, the person under temporary detention or pretrial detention shall be restricted from visiting, sending, receiving letters, books, newspapers, and documents, and receiving gifts.

4. The disciplinary measures and restrictions on visiting, sending, receiving letters, books, newspapers, and documents, and receiving gifts for persons under temporary detention or pretrial detention shall be decided in writing by the head of the detention facility. Records of violations and disciplinary decisions shall be included in the temporary detention or pretrial detention management file. If the disciplined person shows improvement, the head of the detention facility shall decide in writing to reduce the duration of the disciplinary measures, lift the restrictions on visiting, sending, receiving letters, books, newspapers, and documents, and receiving gifts.

Article 24. Management of belongings, money, and property of persons under temporary detention or pretrial detention

1. Persons under temporary detention or pretrial detention may only be brought into the detention area with essential personal items. Their belongings, money, and other property must be deposited at the designated location within the detention facility or entrusted to their close relatives or legally authorized representatives for management. If items cannot be stored during the period of temporary detention or pretrial detention, or if they belong to the list of prohibited items from being brought into the detention area and need to be destroyed, the head of the detention facility must issue a written decision or handle them according to the law. The destruction process must be witnessed by the person under temporary detention or pretrial detention and documented in a record of destruction. If they are released or transferred to another detention facility, their deposited belongings, money, and other property will be returned; if the detention facility causes damage or loss, compensation must be provided.

2. The Minister of Public Security and the Minister of National Defense shall specify the list of prohibited items from being brought into the detention area.

Based on the list of prohibited items from being brought into the detention area, the head of the detention facility decides not to allow specific items that could be used for suicide, escape, causing injury, or harm to health or life of the person or others.

3. Persons under temporary detention or pretrial detention may use their deposited money to purchase essential items for daily living as prescribed by the Government.

Article 25. Handling cases where persons under temporary detention or pretrial detention escape

1. When persons under temporary detention or pretrial detention escape, the head of the detention facility must immediately organize a search, prepare a record, and simultaneously notify the investigating agency and the competent People's Procuracy to cooperate in handling the case. All escape cases must be handled according to the law through measures such as searching, investigation, and prosecution.

2. If persons under temporary detention or pretrial detention who have escaped surrender themselves, the receiving agency must prepare a record and immediately notify the investigating agency and the detention facility to handle the case according to the law.

Article 26. Handling cases where persons under temporary detention or pretrial detention, children of persons under temporary detention or pretrial detention accompanying their mothers into the detention facility die

1. In cases where persons under temporary detention or pretrial detention, children of persons under temporary detention or pretrial detention accompanying their mothers into the detention facility die during the period of temporary detention or pretrial detention, the head of the detention facility must organize the protection of the scene, immediately notify the Investigative Agency and the competent People's Procuracy to determine the cause of death; and simultaneously notify the investigating agency, close relatives, and legally authorized representatives of the deceased. Representatives of the detention facility must witness the examination of the scene and autopsy.

If the deceased is a foreigner, the investigating agency has the responsibility to immediately notify the Ministry of Foreign Affairs to inform the diplomatic or consular mission of the country of which the deceased is a citizen. For cases where the deceased is a foreigner with a final judgment in effect awaiting execution, the head of the detention facility reports to the head of the temporary detention and pretrial detention management agency and the agency prohibiting departure from place of residence under the Ministry of Public Security and the Ministry of National Defense to immediately notify the Ministry of Foreign Affairs to inform the diplomatic or consular mission of the country of which the deceased is a citizen. If the nationality of the deceased cannot be determined, it shall be handled as in the case of a Vietnamese citizen under temporary detention or pretrial detention who dies.

2. The detention facility shall handle the registration of death according to the law on household registration.

3. When the Investigative Agency and the People's Procuracy agree to handle funeral procedures for the deceased, the detention facility is responsible for notifying the close relatives of the deceased. If the close relatives of the deceased submit a request, the body will be handed over to them, except in cases where there is evidence that this would affect security, order, and environmental hygiene. If they do not accept the notification within 48 hours, the detention facility is responsible for organizing the funeral. If the close relatives of the deceased request to receive ashes or remains after the funeral, the head of the detention facility will discuss with local authorities to handle the matter according to the law. Funeral procedures must comply with regulations of the Ministry of Health and local authorities.

4. Costs related to funeral procedures are guaranteed by the state budget as prescribed by the Government.

5. If persons under temporary detention or pretrial detention died after having participated in social insurance or currently receiving pension benefits, the social insurance law shall govern the death benefit.

Chapter IV
REGULATIONS FOR PERSONS UNDER TEMPORARY DETENTION OR PRETRIAL DETENTION

Article 27Living conditions of persons under temporary detention or pretrial detention

1. Persons under temporary detention or pretrial detention are guaranteed quantitative standards of food, fuel, and other materials necessary for daily living to ensure health. The head of the detention facility decides to exchange types of food and fuel to suit the actual situation to ensure that persons under temporary detention or pretrial detention consume the standard. In addition to the prescribed meals, persons under temporary detention or pretrial detention may use their deposited money to buy additional food.

On holidays and festivals as prescribed by law, persons under temporary detention or pretrial detention may eat additional meals.

2. Persons under temporary detention or pretrial detention may receive gifts sent by their close relatives. The head of the detention facility organizes the receipt, inspection, and removal of items belonging to the list of prohibited items from being brought into the detention area, and hands over all remaining items to the persons under temporary detention or pretrial detention; inspects, prevents, and stops acts of appropriating gifts or personal items of persons under temporary detention or pretrial detention. The Minister of Public Security and the Minister of National Defense shall specify the quantity and types of gifts that close relatives of persons under temporary detention or pretrial detention are allowed to send.

3. Persons under temporary detention or pretrial detention shall be guaranteed food safety during meals and drinks. Detention facilities shall organize kitchens and provide necessary equipment for storing food supplies, cooking, drinking water, and distributing meals according to standard rations.

4. Detention facilities shall organize cafeterias. The Minister of Public Security and the Minister of National Defense shall specify the list of goods and prices for sale in the cafeteria.

5. The minimum lying space for each person under temporary detention or pretrial detention is two meters, with a floor lying area and bedding provided.², and a blanket must be supplied.

6. The Government shall provide detailed regulations for items 1, 3, and 5 of this Article.

Article 28. Clothing and personal items regime for persons under temporary detention or temporary custody

1. During the period of temporary detention or pretrial detention, persons under temporary detention or pretrial detention shall be provided with clothing, quilts, blankets, mosquito nets, and other necessary personal items; if insufficient, the detention facility shall lend them. Persons under temporary detention or pretrial detention shall be provided with soap, shampoo, toothpaste; if female, they shall also be provided with necessary hygiene items for women.

Direct management staff shall be responsible for guiding and requiring persons under temporary detention or pretrial detention to maintain cleanliness and hygiene; they shall recover lent items when such persons leave the detention facility.

2. The Government shall provide detailed regulations for this Article.

Article 29. Sending and receiving letters, books, newspapers, and documents regime for persons under temporary detention or temporary custody

1. Persons under temporary detention or pretrial detention may send or receive letters, books, newspapers, and documents upon permission from the agency handling the case, except in cases stipulated in Clause 2 of this Article.

2. Persons under pretrial detention who have been convicted and whose sentences have become legally effective, awaiting execution of the sentence, and not being defendants in another case, may send or receive letters, books, newspapers, and documents.

3. Letters, books, newspapers, and documents must be opened and subject to inspection and censorship by the detention facility.

Article 30. Medical care regime for persons under temporary detention or pretrial detention

1. Persons under temporary detention or pretrial detention shall enjoy medical examination, treatment, disease prevention, and epidemic control regimes. In case of illness, disease, or injury, they shall be examined and treated at the medical facility of the detention facility. If their condition exceeds the medical capacity of the detention facility, the facility shall transfer them to the nearest state medical facility that meets the required conditions; in emergency cases, they shall be transferred to the nearest medical facility. The detention facility must immediately notify the agency handling the case, the competent People's Procuracy, and inform the relatives or lawful representatives of the person concerned to coordinate in care and treatment. State medical facilities shall establish or arrange separate areas or rooms for medical examinations and treatments for persons under temporary detention or pretrial detention.

2. For persons under temporary detention or pretrial detention showing signs of mental illness or other diseases causing loss of cognitive ability or self-control, the detention facility shall request the agency handling the case to conduct a forensic psychiatric examination. When there is a decision to take persons under temporary detention or pretrial detention for forensic examination, forensic psychiatric examination, or compulsory medical treatment by the competent authority, the agency handling the case shall cooperate with the detention facility to transfer such persons to the forensic examination facility, forensic psychiatric examination facility, or medical facility specified in the decision.

3. The cost of medical examinations, treatments, disease prevention, and epidemic control for persons under temporary detention or pretrial detention shall be covered by the state budget. If persons under temporary detention or pretrial detention have health insurance benefits, they shall enjoy medical examination and treatment benefits according to the laws on health insurance.

4. The Government shall provide detailed regulations on this matter.

Article 31. Spiritual life regime for persons under temporary detention or temporary custody

1. On average, every twenty persons under temporary detention or pretrial detention or fewer than twenty persons in a detention facility shall be provided with one local newspaper or central newspaper. The head of the detention facility shall organize for persons under temporary detention or pretrial detention to listen to radio broadcasts and read newspapers. If conditions permit, they shall be organized to watch local and central television programs.

The Minister of Public Security and the Minister of National Defense shall specify the details regarding the provision of newspapers to persons under temporary detention or pretrial detention.

2. Persons under temporary detention or pretrial detention may use religious or spiritual books published in printed form and legally distributed, and express their faiths and beliefs according to the laws on religions and beliefs.

Chapter V
REGIME FOR PERSONS UNDER TEMPORARY DETENTION OR PRETRIAL DETENTION WHO ARE UNDER 18 YEARS OLD, PREGNANT WOMEN, OR Raising CHILDREN UNDER 36 MONTHS OF AGE

Article 32Scope of Application

The temporary detention or pretrial detention of persons under 18 years old, pregnant women, or those raising children under 36 months of age shall be carried out in accordance with the provisions of this Chapter and other provisions of this Law without contravening the provisions of this Chapter.

When persons under temporary detention or pretrial detention reach 18 years of age or when pregnant women or those raising children reach 36 months of age, the temporary detention or pretrial detention regime shall be implemented according to general regulations.

Article 33Living and Management Regime for Persons Under Temporary Detention or Pretrial Detention Who Are Under 18 Years Old

1. Persons under temporary detention or pretrial detention who are under 18 years old shall be guaranteed food standards equivalent to those for adult persons under temporary detention or pretrial detention, with an additional increase in meat and fish compared to the food standards prescribed by the Government.

2. Persons under temporary detention or pretrial detention who are under 18 years old shall be detained separately, except in cases stipulated in Point o, Clause 1 and Clause 3 of Article 16 of this Law.

Article 34. Meeting , defense counsel, consular visits, contact with humanitarian organizations, Meeting Contact with humanitarian organizations

of persons under temporary detention or pretrial detention who are under 18 years old

Article 35Persons under temporary detention or pretrial detention who are under 18 years old shall be allowed to meet relatives, defense counsel, consular visits, and contact with humanitarian organizations as stipulated in Article 22 of this Law, with the number of visits doubled compared to persons under temporary detention or pretrial detention aged 18 years or older.

1. Persons under temporary detention or temporary custody who are pregnant women or nursing mothers with children under thirty-six months of age shall be provided with appropriate accommodation, prenatal examinations, medical care, and a diet ensuring their health. Pregnant women or nursing mothers under temporary detention or temporary custody shall, upon giving birth, be guaranteed food rations according to the guidance of a physician or doctor, provided with necessary food, supplies, and medications for caring for newborns, and granted breastfeeding time while breastfeeding. The detention facility shall be responsible for processing registration for birth certificates. The People's Committee of the commune where the detention facility is located shall be responsible for registering and issuing birth certificates; at the same time, they shall request the social insurance agency to issue health insurance cards for the children born.

Pregnant women or nursing mothers under temporary detention or temporary custody who stay together shall be provided with a minimum sleeping space of three meters.².

2. Detention facilities must organize childcare and nurturing for children under thirty-six months of age. Persons under temporary detention or temporary custody with children aged thirty-six months or older must send their children back to relatives for care; if there are no relatives willing to take care of them, the head of the detention facility shall propose that the Health Department designate a social welfare institution to accept and nurture the children. Within two working days from receiving the proposal, the Health Department shall designate a social welfare institution to accept and nurture the children. After being released, persons under temporary detention or temporary custody may reclaim their children who are being nurtured by the social welfare institution.

3. The Government shall provide detailed regulations on this Article.

Chapter VI
REGIME FOR PERSONS SENTENCED TO DEATH WHO ARE UNDER TEMPORARY CUSTODY

Article 36Scope of Application

The regime for persons sentenced to death who are under temporary custody shall be implemented in accordance with the provisions of this Chapter and other provisions of this Law without contravening the provisions of this Chapter.

Article 37. Diet, accommodation, and custody management for persons sentenced to death

1. Persons sentenced to death who are under temporary custody shall enjoy the same dietary, accommodation, clothing, personal effects, medical care, spiritual activities, sending and receiving letters, books, newspapers, and documents, and receiving gifts as other persons under temporary custody.

2. Visits to persons sentenced to death whose sentences have become legally binding and are awaiting execution shall be decided by the Warden of the Temporary Custody Facility; for those whose sentences have not yet become legally binding, the provisions of Article 22 of this Law shall apply. The organization of visits must ensure absolute safety.

3. The release of persons sentenced to death whose sentences have become legally binding and are awaiting execution outside the detention facility area shall be decided by the Warden of the Temporary Custody Facility after reporting and obtaining approval from the competent authority.

4. In cases where custody requirements necessitate it, the head of the temporary detention, temporary custody, and residence restriction management agency of the Ministry of Public Security or the Ministry of National Defense shall decide on transferring persons sentenced to death whose sentences have become legally binding and are awaiting execution between detention facilities.

5. Detention facilities must ensure that persons sentenced to death exercise their right to appeal, their right to request review through extraordinary appeal procedures, and their right to request commutation of the death sentence according to the Criminal Procedure Code, and create the best conditions for persons sentenced to death to exercise other rights of persons under temporary custody as stipulated by this Law.

6. If a person sentenced to death has a decision to commute the sentence to life imprisonment or a judgment or decision reducing the sentence to fixed-term imprisonment, the head of the detention facility shall transfer that person to a place holding prisoners awaiting execution of their sentences. In cases where the sentence is annulled for re-investigation, the head of the detention facility shall transfer the person sentenced to death to a temporary custody cell to serve investigative activities.

7. Detention facilities shall return money, securities, and personal items of persons who have been executed to their relatives or authorized representatives.

8. Temporary custody facilities must organize separate cells or areas to hold persons sentenced to death; priority should be given to applying science and technology in managing persons sentenced to death to ensure security and safety. During the temporary custody of persons sentenced to death, if they exhibit signs of escape, suicide, or other dangerous behavior, the head of the detention facility shall decide to shackle one leg and organize monitoring, management, and prevention.

9. The Minister of Public Security and the Minister of National Defense shall provide detailed regulations for this Article.

Chapter VII  

IMPLEMENTATION OF MEASURES TO RESTRICT LEAVING THE PLACE OF RESIDENCE

Article 38. Issuing and disseminating the prohibition order and informing the rights and obligations of the person restricted from leaving the place of residence

1. Immediately after issuing the prohibition order, the issuer must send the order to the following agencies, units, and individuals:

a) Detention facilities in cases where the person restricted from leaving the place of residence is under temporary detention or temporary custody;

b) The Head of the Police Station of the commune where the person restricted from leaving the place of residence resides, and the military unit assigned to manage and monitor the person restricted from leaving the place of residence;

c) The temporary detention, temporary custody, and residence restriction management agency of the provincial police or military region.

2. The issuer of the prohibition order shall be responsible for informing the rights and obligations of the person restricted from leaving the place of residence when delivering the prohibition order to that person.

Article 39. Implementation of the prohibition order

1. In cases where the accused or defendant is under temporary detention or temporary custody at a detention facility, the detention facility shall be responsible for processing the necessary procedures to remove the person from the detention facility according to the prohibition order.

2. Within three days from receiving the prohibition order, the person restricted from leaving the place of residence must report to the Head of the Police Station of the commune where they reside, or the military unit assigned to manage and monitor the person restricted from leaving the place of residence, except in cases of force majeure or objective obstacles. If the person does not report within the three-day period, the Head of the Police Station or the military unit shall summon the person to the office to sign a commitment to comply with their obligations.

3. The Head of the Police Station of the commune where the person restricted from leaving the place of residence resides, or the military unit assigned to manage and monitor the person restricted from leaving the place of residence, shall establish a file to manage and monitor the person restricted from leaving the place of residence, including:

a) The prohibition order;

b) The undertaking of a person prohibited from leaving their place of residence. For a person prohibited from leaving their place of residence who is between 14 and under 18 years old, or who has mental or physical disabilities directly affecting the ability to make an undertaking, such undertaking must be confirmed by a representative.

c) The assessment of the head of the commune police station or military unit responsible for managing and supervising the fulfillment of obligations by the person prohibited from leaving their place of residence;

d) The record of violation of obligations by the person prohibited from leaving their place of residence (if any);

đ) Other related documents (if any);

4. The management and supervision of persons prohibited from leaving their place of residence shall be carried out through the following measures:

a) Residency management;

b) Summoning;

c) Roll call and inspection;

d) Other measures prescribed by law.

5. When a person prohibited from leaving their place of residence dies, the head of the commune police station or military unit responsible for managing and supervising the person prohibited from leaving their place of residence shall have the responsibility to notify the authority that issued the prohibition so that it can handle the matter within its jurisdiction.

Article 40. Duties and powers of The commune people's committees and military units responsible for managing and supervising persons prohibited from leaving their place of residence

1. The commune-level People's Committee manages and supervises persons prohibited from leaving their place of residence, except in cases provided for in Clause 4 of this Article.

2. The commune police station shall have the responsibility to directly assist the commune-level People's Committee in managing and supervising persons prohibited from leaving their place of residence and shall perform the following duties and powers:

a) Receiving, organizing management and supervision of persons prohibited from leaving their place of residence;

b) Requesting persons prohibited from leaving their place of residence to fulfill all obligations they have undertaken; recording violations of obligations by such persons;

c) Handling requests from persons prohibited from leaving their place of residence to be absent from their place of residence according to this Law and other relevant laws;

d) Handling requests from persons prohibited from leaving their place of residence to change their place of residence, work, labor, or study according to this Law and other relevant laws;

đ) Notifying competent authorities about violations of obligations by persons prohibited from leaving their place of residence;

e) Verifying, taking roll call, and inspecting persons prohibited from leaving their place of residence when they leave their place of residence without permission.

3. The head of the commune police station shall have the responsibility to report periodically or upon request of the commune-level People's Committee on the implementation of duties and powers as stipulated in Clause 2 of this Article.

4. Military units assigned to manage and supervise shall have the following duties and powers:

a) The duties and powers specified in points a, b, c, đ, and e of Clause 2 of this Article;

b) Cooperating with the head of the commune police station to handle requests from persons prohibited from leaving their place of residence to change their place of residence according to this Law and the Law on Residence.

Article 41. Rights and Obligations of Persons security units and localities study the application of information technology to monitor, prohibition from leaving residence

1. A person prohibited from leaving their place of residence shall have the following rights:

a) To leave their place of residence due to force majeure or objective obstacles; if leaving for other legitimate reasons, permission from a competent authority is required;

b) To change their place of residence, work, labor, or study outside the scope of their place of residence with permission from a competent authority; if changing within the scope of their place of residence, they must report to a competent authority;

c) To lodge complaints or reports against acts violating the law;

d) To enjoy other rights as prescribed by law.

2. A person prohibited from leaving their place of residence shall have the following obligations:

a) To report to the head of the commune police station where the person prohibited from leaving their place of residence resides, or to the military unit managing and supervising such person;

b) To strictly comply with commitments to abide by the law, fully perform civic duties, internal regulations, and rules of the place of residence or workplace;

c) To accept management and supervision by the head of the commune police station where the person prohibited from leaving their place of residence resides, or by the military unit managing and supervising such person;

d) Not to leave the administrative area of the commune, ward, special economic zone, or the area managed by the military unit according to the prohibition order of the competent authority, except in cases provided for in point a of Clause 1 of this Article;

đ) To be present as requested by the head of the commune police station where the person prohibited from leaving their place of residence resides, or by the head of the military unit managing and supervising such person;

e) To make an undertaking and fulfill the obligations committed to according to the Code of Criminal Procedure;

g) Not to commit acts violating the law as prescribed by laws on administrative offenses and criminal law.

Article 42. Absence from place of residence for those prohibited from leaving the place of residence person who are prohibited from leaving the place of residence

1. A person prohibited from leaving the place of residence who has a need to work, study, or for other legitimate reasons may leave the place of residence upon submitting a request and obtaining the consent of the authority issuing the prohibition. In cases of unavoidable circumstances or objective obstacles, permission is not required but the person must report to or inform the competent authority immediately after the end of such circumstances or obstacles.

2. Within one working day from the date of receipt of the request from the person prohibited from leaving the place of residence, the authority issuing the prohibition shall notify in writing the person of its agreement or disagreement with the request, and if it agrees, it shall also notify the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person. If it disagrees, it shall provide the reasons for the refusal. The absence from the place of residence each time shall not exceed thirty days, except in cases where medical treatment is necessary due to illness as prescribed by a doctor and confirmed by the healthcare facility providing the treatment.

Upon receiving the notification of approval from the authority issuing the prohibition to allow absence from the place of residence, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person shall permit the person to be absent from the place of residence and notify the Head of the Police Station at the commune level where the person temporarily resides, coordinating management and supervision.

3. When leaving the place of residence, a person prohibited from leaving the place of residence must comply with temporary absence registration requirements under the law on residence. Upon arriving at a new place of residence, the person must report to the Head of the Police Station at the commune level where they temporarily reside; upon completion of the temporary stay, confirmation from the Head of the Police Station at the commune level where the temporary residence is located must be obtained. In case of violation of obligations, the Head of the Police Station at the commune level where the person temporarily resides must immediately notify the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person's absence from the place of residence, along with relevant documentation.

Article 43. Handling in cases of change 3. Rest breaks between work shifts for certain special cases (will have separate regulations); residence, work, labor or study     

1. In cases where a person prohibited from leaving the place of residence for legitimate reasons must change their place of residence outside the commune, ward, or special administrative region where they reside, they must submit a request to the authority issuing the prohibition. Within ten working days from the date of receipt of the request from the person prohibited from leaving the place of residence, if the authority agrees, it shall issue a new prohibition and send it to the Head of the Police Station at the commune level of the new place of residence for management and supervision, while simultaneously notifying the Head of the Police Station at the commune level of the previous place of residence; if it disagrees, it shall notify the person prohibited from leaving the place of residence in writing and provide the reasons.

The procedures for implementing the new prohibition are carried out according to the provisions of this Chapter.

2. In cases where a person prohibited from leaving the place of residence for legitimate reasons must change their workplace, labor location, or study location outside the commune, ward, or special administrative region where they reside, they must submit a request to the authority issuing the prohibition. Within three working days from the date of receipt of the request from the person prohibited from leaving the place of residence, if the authority agrees, it shall issue a written approval for the change and notify the Head of the Police Station at the commune level; if it disagrees, it shall notify the person prohibited from leaving the place of residence in writing and provide the reasons.

3. In cases where a person prohibited from leaving the place of residence changes their place of residence within the commune, ward, special administrative region, or within the area managed by a military unit, they must report to the authority issuing the prohibition and the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person.

Article 44Handling cases of persons prohibited from leaving the place of residence who violate obligations 

1. A person who continues to commit criminal acts while being prohibited from leaving the place of residence, but not to the extent of criminal prosecution, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person prohibited from leaving the place of residence shall record the violation and propose changing the preventive measure to the competent authority.

2. A person prohibited from leaving the place of residence who commits one of the acts subject to community-based administrative education measures, as provided by the law on handling administrative violations, except as provided in Clause 1 of this Article, shall be handled as follows:

a) For the first violation, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person prohibited from leaving the place of residence shall record the violation, organize a review, and notify the authority issuing the prohibition;

b) After the first violation, if the person prohibited from leaving the place of residence continues to violate the obligations stipulated in Clause 2 of Article 41 of this Law, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person shall record the violation and propose changing the preventive measure to the competent authority.

3. A person prohibited from leaving the place of residence who violates obligations not covered by Clause 1 and Clause 2 of this Article shall be handled as follows:

a) For the first violation, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person prohibited from leaving the place of residence shall record the violation and organize a reminder;

b) For the second violation, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person prohibited from leaving the place of residence shall record the violation, organize a review and reminder, and notify the authority issuing the prohibition;

c) For the third violation, the Head of the Police Station at the commune level or military unit responsible for managing and supervising the person prohibited from leaving the place of residence shall record the violation and propose changing the preventive measure to the competent authority.

Chapter VIII
ENSURING CONDITIONS FOR MANAGEMENT, TEMPORARY DETENTION, TEMPORARY IMPRISONMENT, AND PROHIBITION FROM LEAVING THE PLACE OF RESIDENCE

Article 45. Ensuring Staffing, Human Resources, Material Bases, and Financial Funds for Managing and Enforcing Temporary Detention, Pre-Trial Detention, and Prohibition from Leaving Residence internal control activities 1. The State ensures staffing and human resources for agencies managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence. Personnel involved in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence shall be trained, educated, and professionally instructed in accordance with their assigned tasks and authorities.

2. The State ensures material bases for activities related to managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence, including land, headquarters, detention facilities and auxiliary structures, equipment, devices, weapons, support tools, transportation means, communication facilities, technical operations, and other material and technical conditions. Priority is given to ensuring material bases for detention facilities located in remote, mountainous areas, regions with particularly difficult socio-economic conditions, and key areas concerning national security and social order and safety.

Article 46. Use of Weapons, Technical Equipment, and Support Tools

Officers, non-commissioned officers, professional soldiers, and soldiers of the People's Public Security and People's Army when performing tasks related to enforcing temporary detention, pre-trial detention may use weapons, technical equipment, and support tools. Article 47. Database on Enforcement of Temporary Detention, Pre-Trial Detention, and Prohibition from Leaving Residence

1. The database on enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence is managed uniformly by the Ministry of Public Security and is part of the National Information Database on Crime Prevention and Control, serving state management activities related to enforcing temporary detention, pre-trial detention, and prohibition from leaving residence.

2. The construction, collection, storage, processing, protection, exploitation, and use of the database on enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence shall be regulated by the Government.

Article 48. Treatment and Policies for Agencies, Organizations, and Individuals in Managing and Enforcing Temporary Detention, Pre-Trial Detention

and Prohibition from Leaving Residence

1. Officers, non-commissioned officers, professional soldiers, and soldiers of the People's Public Security and People's Army, and workers and officials of public security and defense performing tasks related to managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence shall enjoy preferential treatment according to the law.

2. Agencies, organizations, and individuals participating in activities related to managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence who achieve outstanding results shall be rewarded; if they suffer losses to life, health, or property, they shall enjoy treatment and policies according to the law. SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

Article 49. Tasks and Authorities of the Prosecutor's Office in Supervising Management and Enforcement of Temporary Detention, Pre-Trial Detention

1. The Prosecutor's Office supervises compliance with the law by agencies and persons authorized to manage and enforce temporary detention, pre-trial detention, and prohibition from leaving residence.

Chapter IX
2. When supervising management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence, the Prosecutor's Office has the following tasks and authorities:

AND PROHIBITION FROM LEAVING THE PLACE OF RESIDENCE

a) Supervise at detention facilities and agencies or units entrusted with some tasks of implementing measures to prohibit leaving residence; question persons under temporary detention, pre-trial detention, or prohibition from leaving residence about their temporary detention, pre-trial detention, or prohibition from leaving residence; SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

b) Supervise files on temporary detention, pre-trial detention, and prohibition from leaving residence;

c) Require the heads of detention facilities and agencies or units entrusted with some tasks of implementing measures to prohibit leaving residence to self-inspect the implementation of temporary detention, pre-trial detention, and prohibition from leaving residence, and report the results to the Prosecutor's Office; provide relevant files and materials related to the implementation of temporary detention, pre-trial detention, and prohibition from leaving residence; report the situation of implementing temporary detention, pre-trial detention, and prohibition from leaving residence; respond to decisions, measures, or acts violating the law in the implementation of temporary detention, pre-trial detention, and prohibition from leaving residence;

d) Decide to immediately release persons under temporary detention or pre-trial detention without legal grounds and contrary to the law; revoke measures to prohibit leaving residence without legal grounds and contrary to the law;

e) Protest, propose, or request agencies or persons authorized to implement temporary detention, pre-trial detention, and prohibition from leaving residence to stop the implementation, amend, or revoke decisions violating the law in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence, terminate acts violating the law, and require the handling of law violators;

f) Initiate criminal cases or request the Investigation Agency to initiate criminal cases when discovering signs of crimes in managing and enforcing temporary detention, pre-trial detention, and prohibition from leaving residence according to the law;

g) Resolve complaints and denunciations and perform other tasks and authorities in supervising management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence according to this Law, the Law on Organization of the People's Procuratorate, the Criminal Procedure Code, and other relevant laws.

đ) Protest, petition, request competent authorities to terminate the execution, amend or revoke decisions that violate the law in the management and enforcement of temporary detention, temporary custody, prohibition from leaving the place of residence, stop illegal acts, and demand the handling of law violators;

e) Initiate criminal cases or request the Investigation Agency to initiate criminal cases when discovering signs of crimes in the management and enforcement of temporary detention, temporary custody, prohibition from leaving the place of residence, in accordance with the provisions of the law;

g) Resolve complaints and denunciations, and perform other tasks and powers in supervising the management and enforcement of temporary detention, temporary custody, prohibition from leaving the place of residence, in accordance with this Law, the Law on Organization of the People's Procuratorate, the Criminal Procedure Code, and other relevant laws.

Article 50. Responsibility for Implementing Requests, Suggestions, Protests, and Decisions of the Prosecutor's Office in the Management and Enforcement of Detention and Custody and Restriction on Leaving Place of Residencedear Place of Residence

1. The head of the detention facility shall be responsible for implementing requests, suggestions, protests, and decisions of the Prosecutor's Office in the management and enforcement of detention and custody as follows:

a) Requests to provide relevant files and documents related to the management and enforcement of detention and custody must be immediately implemented; requests to report on the situation of detention and custody, to respond to decisions, measures, or acts violating the law in the process of detention and custody must be implemented within fifteen days from the date of receipt of the request; requests for self-inspection of detention and custody and reporting the results to the Prosecutor's Office must be implemented within thirty days from the date of receipt of the request;

b) Decisions prescribed in point d, Clause 2, Article 49 of this Law must be immediately enforced; if there is disagreement with such decision, it still must be enforced, but there is the right to appeal to the higher-level Prosecutor's Office having jurisdiction. Within ten days from the date of receipt of the appeal, the Director of the higher-level Prosecutor's Office must resolve the matter;

c) Protests prescribed in point d, Clause 2, Article 49 of this Law must be resolved within fifteen days from the date of receipt of the protest; if there is disagreement with the protest, there is the right to appeal to the higher-level Prosecutor's Office having jurisdiction. Within fifteen days from the date of receipt of the appeal, the higher-level Prosecutor's Office must resolve the matter; the decision of the higher-level Prosecutor's Office is a legally binding decision;

d) Suggestions prescribed in point d, Clause 2, Article 49 of this Law must be considered, resolved, and responded to the Prosecutor's Office within thirty days from the date of receipt of the suggestion.

2. The management agency, the agency enforcing detention and custody and restriction on leaving place of residence shall be responsible for implementing requests, suggestions, protests, and decisions of the Prosecutor's Office in the enforcement of the measure restricting leaving place of residence. The procedures and formalities for implementing these requests, suggestions, protests, and decisions of the Prosecutor's Office in the enforcement of the measure restricting leaving place of residence shall be carried out in accordance with the relevant laws.

Chapter X
APPEAL, COMPLAINT AND RESOLUTION OF APPEAL AND COMPLAINT IN MANAGEMENT AND ENFORCEMENT OF DETENTION, CUSTODY AND RESTRICTION ON LEAVING PLACE OF RESIDENCE

Section 1

APPEAL AND RESOLUTION OF APPEAL IN MANAGEMENT AND ENFORCEMENT OF DETENTION, CUSTODY AND RESTRICTION ON LEAVING PLACE OF RESIDENCE

Article 51. Appeal in Management and Enforcement of Detention, Custody and Restriction on Leaving Place of Residence

1. The person under detention, the person under custody, the person restricted from leaving place of residence, and other agencies, organizations, and individuals related thereto have the right to appeal against the decision or act of the agency or person with authority in the management and enforcement of detention, custody, and restriction on leaving place of residence if there is evidence that such decision or act is contrary to the law, infringing upon their lawful rights and interests.

2. The initial appeal period is thirty days from the date of receipt or knowledge of the decision or act in the management and enforcement of detention, custody, and restriction on leaving place of residence which the appellant considers to be in violation of the law.

In cases where the appellant cannot exercise the right to appeal within the time limit due to illness, natural disasters, business trips, studying far away, or other objective obstacles, the time during which such obstacles exist shall not be counted towards the appeal period. The second appeal period is fifteen days from the date of receipt of the decision resolving the initial appeal of the competent authority.

Article 52. Cases where complaints regarding management, enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence are not accepted for resolution

1. The decision or act complained of is not directly related to the legitimate rights and interests of the complainant.

2. The complainant does not have full capacity for civil acts and does not have a lawful representative, except when the complainant is the person subject to temporary detention, pre-trial detention, or prohibition from leaving residence.

3. The representative does not have grounds to prove their lawful representation.

4. The complaint period has expired.

5. There is already a final and binding decision on the complaint.

Article 53. Competence to resolve complaints in management, enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence

1. The Procurator of the People's Procuracy at the region level, the Procurator of the People's Procuracy at the provincial level, the Procurator of the Military Procuracy at the region level, and the Procurator of the Military Procuracy at the military zone level shall resolve complaints against unlawful decisions or acts in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence by agencies or persons with authority within their supervisory responsibility. The Procurator of the higher-level Procuracy has the authority to resolve complaints about the resolution of complaints by the lower-level Procurator; the decision of the higher-level Procurator to resolve the complaint is a decision with legal effect.

2. Agencies or persons with authority in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence, upon receiving a complaint as stipulated in Article 51 of this Law, must transfer the complaint of the person subject to temporary detention, pre-trial detention, or prohibition from leaving residence to the Procuracy within twenty-four hours from the time of receipt of the complaint.

Article 54. Rights and obligations of the complainant in management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence

1. The petitioner has the following rights:

a) To file a complaint themselves or through a lawful representative; the complainant may file a complaint directly or submit a complaint letter through agencies or persons with authority in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence;

b) To withdraw the complaint at any time during the complaint resolution process;

c) To receive the decision resolving the complaint;

d) To continue filing a complaint if they disagree with the initial decision resolving the complaint;

đ) To have their legitimate rights and interests restored and be compensated for damages according to the law.

2. The petitioner has the following obligations:

a) To truthfully present the facts, provide information and documents to the person resolving the complaint; to bear legal responsibility for the content presented and the provision of information and documents;

b) To comply with the decision resolving the complaint that has legal effect.

Article 55. Rights and obligations of the person being complained against in management and enforcement of temporary detention, pre-trial detention SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. The respondent has the following rights:

a) To present evidence regarding the legality of the decision or act in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence that is being complained about;

b) To receive the decision resolving the complaint regarding their own decision or act in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence.

2. The respondent has the following obligations:

a) To explain about the decision or act in the management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence that is being complained about; to provide information and documents related to the complaint when requested by the competent agency or individual;

b) To comply with the decision resolving the complaint that has legal effect.

Article 56. Tasks and powers of the Procuracy when resolving complaints in management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence

1. To accept and resolve complaints against the complained-of decision or act.

2. To request the complainant and the person being complained against to explain and provide information and documents related to the complaint.

3. To notify in writing about the acceptance of the complaint and send the decision resolving the complaint to the complainant and the person being complained against.

4. To bear legal responsibility for the resolution of the complaint.

Article 57. Time limit for resolving complaints and sending the decision resolving complaints in management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence

1. The initial complaint resolution period in the management and enforcement of temporary detention is two days, and in the management and enforcement of pre-trial detention and prohibition from leaving residence is five days from the date of accepting the complaint.

2. The second complaint resolution period in the management and enforcement of temporary detention is three days, and in the management and enforcement of pre-trial detention and prohibition from leaving residence is ten days from the date of accepting the complaint.

3. In cases where necessary, for complex cases, the complaint resolution period specified in Clause 1 and Clause 2 of this Article may be extended but not exceeding five days in the management and enforcement of temporary detention, and not exceeding twenty days in the management and enforcement of pre-trial detention and prohibition from leaving residence from the date the complaint resolution period expires.

4. Within twenty-four hours from the date of issuing the decision resolving the complaint, the person issuing the decision resolving the complaint is responsible for sending the decision to the complainant and the person being complained against.

Article 58. Documents for handling complaints in management and enforcement of temporary detention and pretrial detention SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. The documents for handling complaints include:

a) The complaint letter or document recording the content of the complaint;

b) The explanatory document of the person being complained against;

c) Minutes of examination, verification, and conclusions;

d) The complaint resolution decision;

d) Other related documents.

2. The documents for handling complaints must be paginated and kept at the agency handling the complaint.

Article 59. Procedure for initial complaint resolution in management and enforcement of temporary detention and pretrial detention SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. After accepting the complaint, the competent People's Procuracy shall conduct verification, request the complainant and the person being complained against to provide explanations and relevant information and documents concerning the complaint; work with agencies, organizations, and individuals related to clarify the content of the complaint and issue a decision on the initial complaint resolution.

2. The decision on the initial complaint resolution becomes legally binding if the complainant does not file a further complaint within the time limit prescribed by this Law.

Article 60. Content of the decision on initial complaint resolution in management and enforcement of temporary detention and pretrial detention SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. Name of the agency, date of issuance of the decision.

2. Full name and address of the complainant and the person being complained against.

3. Content of the complaint.

4. Results of verifying the content of the complaint.

5. Legal basis for resolving the complaint.

6. Conclusion that the complaint is correct, partially correct, or incorrect.

7. Maintain, revoke, or require modification or revocation of part of the decision being complained about, or compel termination of the implementation of the decision or act being complained about.

8. Compensation for damages and remediation of consequences caused by unlawful decisions or acts.

9. Guidance on exercising the right to file subsequent complaints.

Article 61. Procedure for second-level complaint resolution in management and enforcement of temporary detention and pretrial detention SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. In case of continued complaint, the complainant must submit a complaint letter along with a copy of the decision on initial complaint resolution and related documents to the competent People's Procuracy for second-level complaint resolution.

2. During the complaint resolution process, the competent People's Procuracy for second-level complaint resolution has the right to request the People's Procuracy responsible for initial complaint resolution, agencies, organizations, and individuals related to provide information and documents related to the content of the complaint; work with the person being complained against and the complainant when necessary; verify and take other measures as prescribed by law to resolve the complaint. Agencies, organizations, and individuals receiving such requests must comply with them. The decision on second-level complaint resolution becomes legally binding.

Article 62. Content of the decision on second-level complaint resolution in management and enforcement of temporary detention, pretrial detention, and prohibition from leaving residence

1. Name of the agency, date of issuance of the decision.

2. Full name and address of the complainant and the person being complained against.

3. Content of the complaint.

4. Results of verifying the content of the complaint.

5. Legal basis for resolving the complaint.

6. Conclusion on the content of the complaint and the resolution by the authority responsible for initial complaint resolution.

7. Maintain, revoke, or require modification or revocation of part of the decision being complained about, or compel termination of the implementation of the decision or act being complained about.

8. Compensation for damages and remediation of consequences caused by unlawful decisions or acts.

Section 2

 REPORTING AND HANDLING REPORTS IN MANAGEMENT, ENFORCEMENT OF TEMPORARY DETENTION, PRETRIAL DETENTION, AND PROHIBITION FROM LEAVING RESIDENCE

Article 63. Reporting in management and enforcement of temporary detention, pretrial detention, and prohibition from leaving residence

1. Persons under temporary detention, persons under pretrial detention, persons prohibited from leaving their place of residence, and all others have the right to report to agencies or persons with authority about the violation of laws by any person with authority in management and enforcement of temporary detention, pretrial detention, and prohibition from leaving residence causing damage or threatening to cause damage to the interests of the State, legitimate rights and interests of agencies, organizations, and individuals.

2. Agencies and persons with authority in management and enforcement of temporary detention, pretrial detention, and prohibition from leaving residence must transfer reports to the competent People's Procuracy within twenty-four hours from receipt of the report.

Article 64. Rights and Obligations of the Accuser in Management and Enforcement of Temporary Detention and Custody SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. The complainant has the following rights:

a) Submitting a complaint letter or directly lodging a complaint with competent authorities;

b) Requesting that their name, address, and signature be kept confidential;

c) Requesting to be informed of the outcome of the complaint resolution;

d) Requesting protection from competent authorities when threatened or retaliated against.

2. The complainant has the following obligations:

a) Truthfully presenting the content of the complaint;

b) Clearly stating their name and address;

c) To bear responsibility under the law for making false complaints.

Article 65. Rights and Obligations of the Person Being Complained Against in Management and Enforcement of Temporary Detention and Custody SUPERVISION OF MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, PRE-TRIAL DETENTION

1. The person being complained against has the following rights:

a) Being informed about the content of the complaint;

b) Presenting evidence to prove that the content of the complaint is not true;

c) Having their lawful rights and interests restored if they have been violated, having their reputation and dignity restored, and being compensated for losses caused by an incorrect complaint;

d) Requesting competent authorities to handle the person who lodged a false complaint.

2. The person being complained against has the following obligations:

a) Explaining about the complained behavior; providing relevant information and documents when requested by competent authorities;

b) Adhering to the decision on resolving the complaint made by competent authorities;

c) Compensating for damages and remedying consequences caused by their unlawful actions.

Article 66. Complaint Resolution Files in Management and Enforcement of Temporary Detention and Custody and Prohibition from Leaving Place of Residence

1. The resolution of complaints must be recorded in a file. The complaint resolution file includes:

a) The complaint letter or document recording the content of the complaint;

b) Decision to accept and resolve the complaint;

c) Verification records, results of appraisals, information, documents, and evidence collected during the resolution process;

d) Explanation document of the person being complained against;

đ) Report on verification results of the complaint content in cases where the complaint resolver assigns another person to conduct verification;

e) Conclusion on the complaint content;

g) Decision on handling;

h) Other related documents.

2. The complaint resolution file must be numbered according to the sequence of documents. The storage, exploitation, and use of complaint resolution files, and the protection of complainant's confidential information shall be carried out in accordance with the provisions of the law. Article 67. Competence, Procedures, and Time Limits for Resolving Complaints

in Management and Enforcement of Temporary Detention and Custody and Prohibition from Leaving Place of Residence 1. The competence and procedures for resolving complaints by the Office of the Prosecutor shall be implemented in accordance with the Law on Organization of the People's Public Prosecutor Office.

2. The time limit for resolving complaints is 60 days from the date of acceptance; for complex cases, the time limit for resolving complaints may be longer but not exceeding 90 days.

3. Complaints regarding acts of law violation with signs of criminal offenses shall be resolved in accordance with the provisions of the Criminal Procedure Code.

Article 68. Responsibilities of Authorities Resolving Complaints

1. Authorities within their scope of duties and powers are responsible for promptly and properly accepting and resolving complaints in accordance with the law; strictly dealing with violators; applying necessary measures to prevent potential damage; ensuring that the resolution decision is strictly enforced and bearing responsibility before the law for their decisions. 1. The competence and procedures for resolving complaints by the Office of the Prosecutor shall be implemented in accordance with the Law on Organization of the People's Public Prosecutor Office.

2. Authorities resolving complaints who fail to resolve them, neglect their responsibilities in resolving them, or resolve them contrary to the law shall be subject to disciplinary action or criminal prosecution depending on the nature and degree of violation; if causing damage, they must compensate according to the law.

RESPONSIBILITIES IN MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION, CUSTODY, AND PROHIBITION FROM LEAVING PLACE OF RESIDENCE

Chapter XI
Article 69. Contents of State Management over Enforcement of Temporary Detention, Custody, and Prohibition from Leaving Place of Residence

 1. Issuing regulations or submitting to competent authorities for issuance of normative legal documents on enforcement of temporary detention, custody, and prohibition from leaving place of residence; organizing the implementation of laws on enforcement of temporary detention, custody, and prohibition from leaving place of residence.

2. Directing professional activities, guiding the uniform application of legal provisions on enforcement of temporary detention, custody, and prohibition from leaving place of residence.

3. Suspending or abolishing within their authority or recommending higher competent authorities to abolish provisions on enforcement of temporary detention, custody, and prohibition from leaving place of residence

contrary to the provisions of this Law. 4. Deciding on budget allocation, ensuring conditions for management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

5. Building and managing a database on enforcement of temporary detention, custody, and prohibition from leaving place of residence.

6. Statistics on enforcement of temporary detention, custody, and prohibition from leaving place of residence; reporting to the National Assembly on management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

7. Inspecting, auditing, rewarding, and handling violations of laws on management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

8. Managing organizational structure, staffing, and human resources; training, instructing, and enhancing professional skills in management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

9. Organizing mid-term and final reviews, scientific research on management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

10. International cooperation in the field of management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

Article 70. Responsibilities

for state management over enforcement of temporary detention, custody, and prohibition from leaving place of residence 1. The Government uniformly manages state affairs over enforcement of temporary detention, custody, and prohibition from leaving place of residence.

2. The Ministry of Public Security is the lead agency assisting the Government in managing state affairs over enforcement of temporary detention, custody, and prohibition from leaving place of residence. throughout the country.

3. Ministries and agencies at the ministerial level, within their scope of duties and powers, are responsible for implementing and coordinating with related agencies and organizations in management and enforcement of temporary detention, custody, and prohibition from leaving place of residence.

4. People's Committees at all levels are responsible for allocating land, supporting funds from local budgets, creating favorable conditions for building and managing detention facilities in their localities, and directing state agencies in their localities to cooperate in ensuring security and safety for detention facilities.

4. People's Committees at all levels are responsible for allocating land, providing financial support from local budgets, creating favorable conditions for the construction and management of detention facilities in their localities, and directing state agencies in their localities to cooperate in ensuring security and safety for detention facilities.

Article 71. Responsibilities of the Supreme People's Procuracy

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and other relevant agencies to guide the implementation of laws on the enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence.

2. Supervise and direct the People's Procuracy at all levels to carry out supervision over management, enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence, as well as handling complaints and reports according to this Law and other related legal provisions.

3. Implement statistical systems, reporting, and digitalization regarding the work of enforcing temporary detention, pre-trial detention, and prohibition from leaving residence in accordance with the law. digitization of the implementation of temporary detention, temporary custody, and prohibition from leaving the place of residence in accordance with the provisions of the law.

Article 72. Responsibilities of the Supreme People's Court

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and other relevant agencies to guide the implementation of laws on the enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence.

2. Implement statistical systems, reporting, and digitalization regarding the work of enforcing temporary detention, pre-trial detention, and prohibition from leaving residence in accordance with the law.

Chapter XII
IMPLEMENTING PROVISIONS

Article 73. Amend and supplement some clauses of Article 123 of the Criminal Procedure Code No. 101/2015/QH13 which has been amended and supplemented by Laws No. 02/2021/QH15, No. 34/2024/QH15, No. 59/2024/QH15, and No. 99/2025/QH15 as follows:

1. Amend and supplement Clause 2 as follows:

"2. The accused or defendant who is prohibited from leaving their place of residence must make a written commitment to fulfill the following obligations:

a) Not to leave their place of residence without permission from the authority that issued the prohibition, except in cases of force majeure or objective obstacles;

b) To be present at summons, except in cases of force majeure or objective obstacles;

c) Not to flee, not to continue committing crimes;

d) Not to bribe, coerce, or incite others to give false statements, provide false evidence; not to destroy, forge evidence, documents, or objects related to the case, dispose of assets related to the case; not to threaten, control, or retaliate against witnesses, victims, informants, and relatives of these individuals.

If the accused or defendant violates the obligations set forth in this clause or violates other obligations under the Law on Enforcement of Temporary Detention, Pre-Trial Detention, and Prohibition from Leaving Residence, they may be subject to pre-trial detention upon recommendation for changing preventive measures."

Article 4. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 17 of Decree No. 81/2018/NĐ-CP which has been amended and supplemented by Clause 3 of Article 1 of Decree No. 128/2024/NĐ-CP

"5. The authority issuing the prohibition from leaving residence must send the prohibition order to the Chief of the Police Station of the commune where the accused or defendant resides, the military unit responsible for managing and supervising the accused or defendant, and other relevant agencies for management and supervision."

Article 74. Effective Date

1. This Law takes effect from July 1, 2026.

2. The Law on Enforcement of Temporary Detention and Pre-Trial Detention No. 94/2015/QH13 shall cease to be effective from the date this Law takes effect.

LThis Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth sessionV, the 10 on the date 10 the 12 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;25.