Circular No. 184/2019/TT-BQP stipulates prohibited items and procedures for confiscation and handling of such items brought into places where criminal sentences are served.

CIRCULAR

Regulations on Prohibited Items and Their Seizure and Handling

When Bringing Them Into Places Where Criminal Sentences Are Enforced

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Criminal Investigation Department under the Ministry of National Defense;

The Minister of National Defense issues this Circular to regulate prohibited items and their seizure and handling when bringing them into places where criminal sentences are enforced.

Article 1. Scope of Regulation

This Circular regulates prohibited items when bringing them into places where criminal sentences are enforced; the procedures for seizing and handling such prohibited items.

Article 2. Applicability

This Circular applies to prisoners serving criminal sentences at military detention centers and temporary detention facilities, and relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

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

1. A place where criminal sentences are enforced is a facility managing, detaining, and reforming prisoners, including military detention centers and temporary detention facilities (hereinafter referred to as detention facilities).

2. Prohibited items are those specified in this Circular that, when brought into detention facilities, have the potential to cause safety risks to the detention facilities; prisoners may use them to commit suicide, escape from detention, inflict injuries, harm health or lives of themselves or others; obstruct investigations, prosecutions, trials, and enforcement of criminal sentences.

Article 4. Prohibited Items to be Brought into Detention Facilities

1. Types of weapons, explosives, and explosive precursors

a) Weapons: All types of military weapons, hunting guns, primitive weapons, sports weapons, and similar types of weapons;

b) Explosives: Various types of explosives and accessories;

c) Explosive precursors.

2. Support tools, including:

3. Narcotics, narcotic precursors, psychotropic substances, or substances containing narcotics; anesthetics, poisons, itching substances, radioactive materials, chemicals, toxic drugs; various types of medical and preventive medicines, except those prescribed by authorized health authorities.

4. Flammable substances, flammable objects, and fire-starting objects.

5. Technical and electronic equipment: Various types of audio recorders, video recorders, radios, watches, mobile phones, walkie-talkies, and other signal transmission devices, except medical equipment necessary for prisoner health as prescribed by authorized health authorities.

6. Cooking appliances, metal, ceramic, porcelain, stone, fired clay, glassware, water bottles; sharp, pointed objects, keys, nail clippers, pens, and other objects that can be used as weapons; various types of ropes such as belts, electrical wires, steel cables, guitar strings, and other ropes that could pose a danger to the life and health of prisoners and others; other objects causing safety risks and negatively impacting the hygiene environment of detention facilities.

7. Alcohol, beer, alcoholic beverages, all types of tobacco products, chewing tobacco, cigars, tea, coffee, and other stimulants.

8. Documents: Identity cards, citizen identification cards, armed forces identification cards, passports, household registration books, vocational certificates, diplomas, certificates, and other certification documents.

9. Publications: Foreign language books and newspapers not yet reviewed; publications on religions and beliefs not permitted for circulation; pictures, films, tapes, discs with superstitious, reactionary, pornographic content, and other content negatively affecting the management and education of prisoners.

10. Vietnamese currency, foreign currencies, negotiable instruments, gold, silver, precious stones, precious metals, ATM cards, and electronic payment cards.

11. Playing cards and gambling equipment; other objects that could cause safety risks to detention facilities, which prisoners might use to escape, endanger themselves and others, and negatively impact the hygiene environment.

8. Documents: Identity cards, citizen identification cards, military service identification cards, passports, household registration books, vocational certificates, degrees, certifications, and other certification documents.

9. Publications: Foreign language books and newspapers未经审查；宗教和迷信出版物，禁止发行；内容涉及迷信、反动、淫秽，对监管工作和改造犯人教育产生不良影响的绘画、照片、电影、磁带、光盘。

10. Vietnamese currency, foreign currency, negotiable instruments, gold, silver, precious stones, precious metals, ATM cards, electronic payment cards.

11. Playing cards and gambling equipment; other items that may cause security risks in detention facilities, be used by inmates to escape, endanger themselves and others, and negatively impact environmental hygiene.

Article 5. Discovery and Seizure of Prohibited Items Brought into Detention Facilities

1. When discovering prohibited items being brought into detention facilities, staff members shall be responsible for preparing a seizure record, requesting the violator to write a statement and witnesses to write a report (if any). The record must clearly specify the quantity, weight, type, shape, size, color, condition, and other characteristics of the seized prohibited items. Items suspected to be gold, silver, precious stones, precious metals, narcotics, or other items that can be sealed must be sealed, with signatures from the person preparing the record, the violator, the witness, or the observer.

2. In cases where the violator cannot be identified or is not present at the time of seizure, there must be at least two witnesses signing the record, sealing (if necessary), and verifying to clarify the situation for handling.

3. After preparing the seizure record, staff members must report to the head of the detention facility to manage and handle the situation strictly and safely.

4. The detention facility is responsible for storing and preserving prohibited items; the transfer and receipt of prohibited items must be recorded in a logbook.

Article 6. Handling of Prohibited Items Brought into Detention Facilities

1. Prohibited items when seized shall be handled as follows:

a) Prohibited items specified in Clauses 1, 2, and 3 of Article 4 of this Circular shall be recorded, preliminary investigation conducted, or immediately transferred along with relevant files and materials to the competent investigative agency for handling according to the law;

b) Prohibited items specified in Clauses 4, 5, 6, and 7 of Article 4 of this Circular shall be subject to disposal decisions made by the head of the detention facility and organized destruction;

c) Prohibited items specified in Clause 8 of Article 4 of this Circular, after being seized, shall be transferred to the custody department for management and returned to the prisoner upon completion of their sentence or handed over to relatives at the prisoner's request;

d) Prohibited items specified in Clauses 9 and 11 of Article 4 of this Circular, after being seized, shall undergo inspection, verification, and file preparation before organization of destruction;

đ) Prohibited items specified in Clause 10 of Article 4 of this Circular, after being seized, the head of the detention facility shall report to the competent authority for resolution according to the law; if the prisoner voluntarily surrenders the items, they may be placed in custody or given to relatives at the prisoner's request.

2. Prohibited items related to criminal cases shall be transferred to the competent investigative agency for handling according to the law.

3. When handling prohibited items through destruction, the detention facility shall establish a Disposal Committee chaired by the Warden, Vice-Chairman by the Deputy Warden, and members including the Political Commissar, Head of the Correctional Team, Head of the Judicial Security Support Team, medical staff, detention assistant and records keeper, and financial staff.

Article 7. Records of Seizure and Handling of Prohibited Items Brought into Detention Facilities

1. Records of seizure and handling of prohibited items include:

a) Record of seizure of prohibited items;

b) Record of statements of the violator and witnesses (if any);

c) Statement of the violator;

d) Report of the staff member seizing prohibited items and proposal for handling measures;

đ) Record of Disposal Committee meeting, Record of Discipline Committee meeting for prisoners or conclusion of the investigative agency in cases where the violation is not criminally prosecuted;

e) Decision on seizure of prohibited items;

g) Decision on handling prohibited items;

h) Decision on handling violations;

i) Record of handling prohibited items (record of transfer, destruction of prohibited items);

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

l) Other related documents.

2. Documents related to the seizure and handling of prohibited items and the handling of violations by prisoners must be kept in the prisoner's file; in cases where the file has been transferred to another agency for resolution according to its jurisdiction, a copy of the file must be retained for management and storage according to regulations.

Article 8. Effective Date

This Circular takes effect from January 22, 2020, and abolishes Chapter IV of the Military Prison Regulations issued together with Circular No. 132/2012/TT-BQP dated December 7, 2012, of the Minister of National Defense.

Article 9. Responsibility for implementation

1. The Chief of General Staff, the Director of the Political General Department, heads of agencies, units, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense shall take the lead and coordinate with the heads of relevant agencies and units to implement this Circular.