DECREE

Issuing regulations on temporary detention of persons under administrative procedures

 __________________________

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Accompanying this Decree is the "Regulations on Temporary Detention of Persons Under Administrative Procedures".

Article 2. This Decree shall take effect fifteen days from the date of publication in the Official Gazette. All previous provisions that conflict with this Decree are hereby abolished.

The Ministers of Public Security, National Defense, Finance, Trade, Agriculture and Rural Development, Transport, and the Chairpersons of provincial and municipal People's Committees within their respective functions and duties are responsible for guiding the implementation of this Decree.

Article 3. The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and the chairpersons of provincial and municipal People's Committees are responsible for enforcing this Decree./.

REGULATIONS ON TEMPORARY DETENTION OF PERSONS UNDER ADMINISTRATIVE PROCEDURES

(Issued together with Decree No. 162/2004/NĐ-CP

dated  July  9 years 2004 of the Government)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the subjects, authority, procedures for temporary detention of persons under administrative procedures; management systems for persons temporarily detained administratively, and other relevant provisions related to the application of temporary detention measures under administrative procedures.

Article 2. Temporary Detention of Persons Under Administrative Procedures

1. Temporary detention of persons under administrative procedures is a measure to prevent administrative violations and ensure the handling of persons who have committed administrative violations, decided by those with authority as prescribed in Article 7 of these Regulations.

2. Temporary detention of persons under administrative procedures may only be applied in the following cases:

a) To immediately stop acts disrupting public order or causing injury to others;

b) To collect and verify important circumstances serving as grounds for deciding on administrative violations in cases where the violator does not have identification papers, has unclear personal background, or does not have a fixed residence, requiring verification of personal background and important circumstances related to the violation;

c) A person arrested pursuant to a decision to search for them made by those with authority as provided for by laws on handling administrative violations.

3. The duration of temporary detention of persons under administrative procedures shall not exceed twelve hours. In exceptional cases, the duration may be extended but shall not exceed twenty-four hours, starting from the time the violator is detained.

For cases involving violations of border regulations or administrative violations in remote mountainous or island areas, the duration of temporary detention may be extended but shall not exceed forty-eight hours, starting from the time the violator is detained.

4. Upon expiration of the detention period, the person issuing the detention decision must immediately terminate the detention of the detainee and record it in the detention logbook, with the signature of confirmation from the detainee.

Article 3. Principles of Temporary Detention

1. Temporary detention of persons who have committed administrative violations must comply with the subjects, procedures, and authority as prescribed in the Law on Handling Administrative Violations and these Regulations.

2. In all cases, temporary detention of persons under administrative procedures must be based on a written decision by those with authority as prescribed in Article 7 of these Regulations and a copy must be given to the detainee.

Article 4. Rights and Obligations of Persons Under Temporary Detention

1. Persons under temporary detention have the right to request the person issuing the temporary detention decision to inform their family, workplace, or educational institution about their detention in accordance with Article 10 of this Regulation.

2. Persons under temporary detention must strictly comply with the temporary detention decision, internal regulations, and rules of the detention facility; follow orders from the person issuing the temporary detention decision and those assigned to manage and protect the detention facility; they must truthfully report their own violations of the law and those of other related persons.

It is prohibited to bring weapons, mobile phones, harmful cultural products, alcohol, tobacco, and other addictive substances, or items that may cause fire or explosion, into the detention facility, which could affect the order and safety of the detention facility.

3. Ensuring state secrets and operational secrecy as prescribed by law and internal regulations of each agency.

1. Violating the life, health, reputation, dignity, property of persons under temporary detention.

2. Detaining administrative violators in detention rooms intended for criminal suspects; detaining persons of different genders in the same cell; detaining individuals at places that do not ensure hygiene and safety for persons under temporary detention.

Article 6. Funding for the Implementation of Temporary Detention Measures According to Administrative Procedures

1. Funding for the implementation of temporary detention measures according to administrative procedures includes expenses for constructing detention facilities; purchasing equipment and supplies for detention purposes; expenses for food, drink, and medical treatment for persons under temporary detention (in cases where they or their families cannot provide for themselves), and other expenses serving the temporary detention of administrative violators.

2. Funding for the implementation of temporary detention measures according to administrative procedures is provided by the state budget. Annually, units with the authority to temporarily detain administrative violators as stipulated in Article 7 of this Regulation are responsible for preparing the budget for funding temporary detention of administrative violators together with the preparation of the state budget within the scope of their assigned tasks in accordance with the State Budget Law and guiding documents for its implementation.

PART II

AUTHORITY AND PROCEDURES FOR TEMPORARY DETENTION OF ADMINISTRATIVE VIOLATORS

Article 7. Authority to Detain

1. The following persons have the authority to decide on temporary detention according to administrative procedures:

a) Chairperson of the People's Committee of communes, wards, towns, Head of Police Ward;

b) Chief of Police at the district level;

c) Head of the Administrative Management Police Department, Head of Public Order Police Department, Head of Traffic Police Department, Head of Economic Crime Police Department, Head of Criminal Investigation Police Department, Head of Drug Crime Prevention Police Department, Head of Exit and Entry Management Department of Provincial Police Force;

d) Head of Mobile Forest Protection Unit from battalion level and above operating independently; Head of Border Gate Police Station;

đ) Head of Forest Protection Team, Head of Mobile Forest Protection Team;

e) Customs Chief, Head of Control Teams under the General Customs Department, Head of Anti-Smuggling and Marine Control Teams under the Anti-Smuggling Investigation General Department of the General Customs Department;

g) Head of Market Supervision Team;

h) Commander of Border Guard Sub-District, Commander of Border Guard Flotilla, Commander of Border Guard Squadron, Head of Border Guard Post, and Head of Border Guard Units stationed at border areas and islands;

i) Commander of Coast Guard Squadron, Commander of Coast Guard Flotilla;

k) Aircraft or ship commander when the aircraft or ship has left the airport or port.

2. In the absence of the persons specified in Clause 1 of this Article, authorized deputies have the authority to decide on temporary detention according to administrative procedures. The authorized person must comply with the laws regarding temporary detention according to administrative procedures and bear responsibility for their detention decisions.

Article 8. Handing over and receiving persons who have committed administrative violations

1. The handing over and receiving of persons who have committed administrative violations by organizations or individuals leading to the establishment of a record shall be carried out in accordance with the prescribed regulations. The handover and receipt record must clearly state the date, month, year, and location where the record was established; the name, position, address of the individual or organization handing over and the individual or organization receiving; the name, address, identification card number (or other personal identification document), the act of violation, health condition of the person who has committed the violation, and their property (if any); if there are witnesses or victims, their names and addresses must be clearly stated and they must sign the record. The handover and receipt record must be made in two identical copies, each party keeping one copy.

2. Immediately after the administrative violation is discovered and stopped, or after a record of the administrative violation is established, or after a record of handing over and receiving a person who has committed an administrative violation by another organization or individual who apprehended and escorted them, if it is deemed necessary to temporarily detain the person according to administrative procedures, the authorized person must immediately issue a decision on temporary detention.

3. In all cases, for persons who have committed administrative violations and are brought to the authorities by organizations or individuals, before issuing a decision on temporary detention, the authorized person must establish a handover and receipt record with the organization or individual bringing the person in accordance with the provisions of Clause 1 of this Article.

Article 9. Decision on Temporary Detention According to Administrative Procedures

1. A decision on temporary detention according to administrative procedures must clearly state: the decision number; the date, month, year of issuance; the name, rank, position, agency, unit of the person issuing the decision; the basis for issuing the temporary detention decision, the applicable legal document clause; the name, address, date of birth, place of permanent household registration, temporary residence, occupation, workplace, place of study, identification card number (if available) of the person being detained; the name, address of the father, mother, or guardian of the person being detained (if the person is a minor); nationality, passport number or substitute passport document (if the person being detained is a foreigner); the detention period; the place of detention and signature, stamp (if any) of the person issuing the temporary detention decision.

The temporary detention decision must be made in two identical copies, one given to the person being detained, and one kept in the temporary detention file. In cases where it is necessary to extend the detention period, before the end of the detention period stated in the decision, the authorized person must issue a decision to extend the detention period (which must clearly state the reasons and extended period), but not exceeding the maximum period specified in Clause 3 of Article 2 of this Regulation.

2. If the detention period stated in the decision has not yet expired, but the investigation and verification have been completed, sufficient grounds for conclusion have been obtained, and the administrative violation has been fully resolved, then the person issuing the temporary detention decision must immediately terminate the detention. to detain.

3. When there is evidence that the administrative violation committed by the person under temporary detention according to administrative procedures has criminal characteristics, the person issuing the temporary detention decision must immediately transfer the case file and the person under detention, along with the evidence and means of violation (if any), to the competent criminal proceedings authority for handling in accordance with the law.

Article 10. Notification of the Decision to Detain

1. At the request of the person being detained, the authority issuing the decision to detain must notify their family, workplace, or place of study. If it is objectively impossible to make such notification, they must inform the person being detained and record this in the detention tracking log.

2. In cases where a minor who has committed an administrative violation is detained at night (from 10 PM to 5 AM the following morning) or for more than six hours, the authority issuing the decision to detain must immediately notify their parents or guardian. If the parents or guardian cannot be identified, the reason must be clearly recorded in the detention tracking log.

3. In cases where the person being detained is a foreign national, the authority issuing the decision to detain must immediately report to the head of the competent authority above so that the Ministry of Foreign Affairs can notify the diplomatic or consular mission of the country of which the person is a citizen. They must cooperate with the Ministry of Foreign Affairs to arrange for representatives of these missions to visit if requested, and to handle other related international issues.

Article 11. Place of Detention

1. The place of administrative detention shall be a house or room designated for administrative detention located at the office or workplace of the authority issuing the decision to detain an administrative violator.

The house or room for administrative detention must have locks, adequate lighting, privacy, ventilation, hygiene, and fire safety measures. Persons detained overnight must be provided with beds or floors to lie on, and must have bedding, quilts, and mosquito nets; the minimum lying area per person must not be less than 2 square meters.².

2. Authorities responsible for preventing and combating violations of laws and crimes must regularly detain administrative violators and must arrange, design, and construct separate houses or rooms for administrative detention, and must have dedicated staff to manage and protect them.

3. For aircraft or ships, once they leave the airport or port, the commander of the aircraft or ship decides on the place of detention based on specific conditions and violators, and assigns personnel to carry out the detention.

4. The form and scale of the place of administrative detention as stipulated in Clause 1 and Clause 2 of this Article must be based on the nature, characteristics, and practical requirements of detaining administrative violators in each specific field and locality to arrange, design, and construct accordingly.

5. The Ministers of the Ministries of Public Security, National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, and the Chairpersons of provincial and municipal People's Committees under the central government shall, based on the actual needs and circumstances of work to prevent and combat administrative violations within their respective fields and localities, provide detailed guidance on organizing and arranging places of detention and direct the design and construction of administrative detention facilities in accordance with the provisions of this Regulation.

CHAPTER III

MANAGEMENT OF PERSONS BEING DETAINED

Article 12. Reception of Persons Being Detained

1. When receiving persons subject to detention, the person responsible for managing the detained individuals must compare the detention decision with the individual, inspect personal belongings allowed to be carried by the detained person; record in the detention tracking log as prescribed; disseminate the rights and obligations of the detained person, the rules of the detention facility, and other relevant regulations for them to comply with. 2. In cases where the detained person does not voluntarily comply with the detention regulations, necessary coercive measures must be applied according to the law to compel compliance. 3. The Vietnam General Confederation of Labor shall be responsible for prescribing and guiding the management, distribution, and use of union fee sources in accordance with the Charter of the Vietnam General Confederation of Labor.

2. In cases where the person under temporary detention does not voluntarily comply with the regulations on temporary detention, necessary coercive measures shall be applied in accordance with the provisions of the law to compel them to comply.

Article 13. Management of Persons Under Temporary Detention

The person assigned the task of managing persons under temporary detention and protecting the place of temporary detention  shall be responsible for:

1. Regularly supervising, protecting, and watching over persons under temporary detention. If they observe signs of abnormal psychology, health, or behavior from the detained person, or discover circumstances related to the violation case or other violations, they must report to the authority that issued the temporary detention decision to take timely measures.

In cases where the detained person hides evidence or means of violation, they must immediately prepare a record of temporarily holding such evidence or means of administrative violation. If the detained person has injuries or an abnormal health condition, they must prepare a record of the health status of the detained person and simultaneously report to the authority that issued the temporary detention decision to take timely measures.

2. Personal belongings and property of the detained person must be deposited at the place of temporary detention. The handover and receipt of deposited personal belongings and property must be fully and specifically recorded in the temporary detention tracking book and must have the signature of the detained person. In cases where the deposited property is in large quantities or of high value, a separate handover record must be prepared, which must fully and specifically record the quantity, type, form, and condition of the items, as well as other relevant issues. The record must be made in two identical copies, with signatures of both the detained person and the custodian, and one copy must be given to the detained person. When the temporary detention period ends or the person is transferred to another location, the detained person will receive back all their deposited property. If the custodian causes loss or damage, they must compensate according to the law.

Article 14. Expenses and Food Rations for Persons Under Temporary Detention

1. All expenses for food and living of persons under temporary detention shall be borne by themselves or their families.

2. In cases where the detained person or their family cannot self-assure, the place of temporary detention shall be responsible for ensuring their food rations according to the standard of 0.6 kg of regular white rice, 0.1 kg of regular pork, and other types of food per person/day, but the total expenditure shall not exceed 7,000 VND/person/day.

In cases of temporary detention during Tet holidays, the detained person may receive additional food, but not exceeding five times the daily standard; during public holidays or New Year's Day, the detained person may receive additional food, but not exceeding three times the daily standard.

3. Agencies or units authorized to detain persons administratively must maintain books to closely monitor and settle the food ration system of detained persons according to the law.

Article 15. Cases Where a Person Under Temporary Detention Falls Ill or Dies During Detention

1. A person under temporary detention who falls ill shall be treated on-site; in cases of serious illness or emergency, the agency or unit where the detention takes place shall be responsible for transporting them to medical facilities and immediately informing their family or close relatives; if the family or close relatives request to bring them home for care and it is deemed unnecessary to continue detention, the authority with the power to detain may decide to terminate the detention early and allow them to return home for treatment; in cases where the detained person does not have a fixed residence or their family or close relatives are far away and unable to provide care promptly, the agency or unit where the detention takes place shall directly assume the responsibility for care.

The cost of ensuring care and treatment for sick persons during their detention shall be borne by themselves or their families; in cases where the detained person or their family cannot self-assure, the state budget shall assume the responsibility and be taken from the budget of the agency or unit where the detention takes place, then settled according to the current financial regulations. the cost of their temporary detention shall be borne by themselves or their family; in cases where the person under temporary detention or their family cannot ensure this themselves, it shall be covered by the state budget and taken from the operating funds of the agency or unit where the temporary detention takes place, and then settled according to the current financial system. 3. The Vietnam General Confederation of Labor shall be responsible for prescribing and guiding the management, distribution, and use of union fee sources in accordance with the Charter of the Vietnam General Confederation of Labor.

2. In cases where a person under temporary detention dies during detention, the authority issuing the detention decision must immediately inform the investigation agency and the competent People's Procuracy to handle the matter according to the law, and at the same time, notify the close relatives of the deceased.

In cases where the deceased is a foreigner, the authority issuing the detention decision must immediately report to the superior authority to inform the Ministry of Foreign Affairs or the competent state agency to coordinate with the diplomatic or consular agency of the country of which the deceased is a citizen to cooperate in handling the matter.

3. The family of the deceased is responsible for burial. In cases where the deceased has no family or close relatives, the burial shall be handled by the agency or unit where the detention takes place in coordination with the local government where the detention takes place; the burial costs in this case shall be assumed by the state budget according to the law.

Article 16. Records of Temporary Detention Work

Agencies or units authorized to detain administrative violators must maintain records and books to track the management of administrative violators according to the law.

All matters related to the application of temporary detention measures must be fully recorded in the records of tracking temporary detention of administrative violators according to the law.

PART IV

PETITIONING, REPORTING, SUPERVISION, INSPECTION; ADMINISTRATIVE SUIT

 REGARDING THE APPLICATION OF TEMPORARY DETENTION MEASURES

 ADMINISTRATIVE PROCEDURES

Article 17. Petitioning and Reporting

1. The person subject to temporary detention measures or their lawful representative has the right to petition or report about the issuance of a temporary detention decision for administrative violators contrary to the law and the application of such measures.

2. Every citizen has the right to report illegal acts in the issuance of temporary detention decisions for administrative violators and the implementation of such measures Add

3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

Article 18. Supervision and Inspection

1. The People's Councils at all levels within the scope of their duties and powers shall be responsible for supervising and reviewing reports from the respective People's Committees; requesting those with authority to examine, resolve, and promptly apply necessary measures to prevent and immediately stop the unlawful administrative detention of individuals within their localities.

2. The Ministers of the Ministries of Public Security, National Defense, Finance, Trade, Agriculture and Rural Development, Transport, and the People's Committees at all levels shall be responsible for regularly directing, guiding, and inspecting the implementation of administrative detention procedures within their areas of management.

Article 19. Administrative Litigation

Administrative litigation concerning decisions on the application of administrative detention measures and issues related to the application of such measures shall be carried out in accordance with the provisions of the law on administrative proceedings.

CHAPTER V

REWARD AND VIOLATION HANDLING

Article 20. Awards

Agencies, units, and individuals who have outstanding achievements in implementing the laws on administrative detention shall be rewarded according to the general regulations of the State.

Article 21. Handling Violations.

1. Individuals administratively detained who violate the provisions on administrative detention or commit other violations shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the law.

2. Those responsible for administrative detention who violate the law in the process of administrative detention or commit acts that harm the life, property, health, reputation, or dignity of the detainee shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the law. /./