Decree No. 19/2009/NĐ-CP Amending and supplementing certain provisions of the Regulation on temporary detention of persons under administrative procedures issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government.

DECREE

Amending and supplementing some articles of the Regulation on Temporary Detention of Persons under Administrative Procedures issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government

____________________

THE GOVERNMENT

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

Pursuant to the Domestic Violence Prevention and Control Law enacted on November 21, 2007;

Pursuant to the Administrative Violation Handling Law 2002, amended and supplemented by Resolution No. 04/2008/UBTVQH12 dated April 2, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing some articles of the Regulation on Temporary Detention of Persons under Administrative Procedures issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government as follows:

1. Clause 2 shall be amended and supplemented as follows:
Article 2. Temporary detention of persons under administrative procedures
1. Temporary detention of persons under administrative procedures is a preventive measure against administrative violations or to ensure the handling of persons who commit administrative violations, decided by the authority prescribed in Article 7 of this Regulation.
2. Temporary detention of persons under administrative procedures shall only be applied in the following cases:
a) To immediately stop acts causing public disorder or injuring others;
b) To collect and verify important circumstances as a basis for deciding to handle administrative violations or to ensure the handling of administrative violations;
c) A person arrested pursuant to a decision to search for them made by the authority according to the law on handling administrative violations;
d) A person committing domestic violence or violating a prohibition on contact ordered by the Chairman of the People's Committee at the commune level according to the law on preventing and combating domestic violence.
3. The duration of temporary detention of persons under administrative procedures shall not exceed twelve hours. In case of necessity, the duration may be extended but shall not exceed twenty-four hours from the time of commencement of detention of the violator. For cases of border regulations violations or administrative violations in remote mountainous areas or islands, the duration may be extended but shall not exceed forty-eight hours from the time of commencement of detention of the violator.
4. When the duration of temporary detention of persons under administrative procedures expires, the person issuing the detention decision must immediately terminate the detention of the detained person and record it in the administrative detention tracking book, with the signature of confirmation from the detained person. If the detained person refuses to sign for confirmation, the person issuing the detention decision must prepare a record or assign someone directly performing the duty to prepare the record and note the reason in the record, which must have the signatures of the witness (if any), the preparer of the record, and the person who issued the detention decision.

2. Article 6 is amended and supplemented as follows:

"Article 6. Funding to ensure the application of the temporary detention of persons under administrative procedures
1. Funding to ensure the application of the temporary detention of persons under administrative procedures includes expenses for investment in construction, repair, and upgrading of detention facilities; purchasing equipment and means to serve detention; expenses for food, medical examination, and treatment for the detained person; funeral expenses when the detained person dies during detention if they or their family cannot self-assure such expenses, and other expenses serving the temporary detention of persons under administrative procedures.
2. Funding to ensure the application of the temporary detention of persons under administrative procedures shall be provided from the state budget. Annually, agencies and units authorized to detain persons under administrative procedures according to Article 7 of the Regulation on Temporary Detention of Persons under Administrative Procedures shall base on the requirements and tasks of administrative detention work and be responsible for preparing the budget estimate for funding to implement temporary detention of persons under administrative procedures together with the preparation of the state budget estimate within the scope of their functions, tasks, and authorities as prescribed by the State Budget Law and guiding documents for its implementation.

3. Article 7 is amended and supplemented as follows:

"Article 7. Authority to Detain Temporarily
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, towns, Chief of Police Stations;
b) Chief of Police at the district level;
c) Heads of Administrative Management Police Departments, Traffic Police Departments, Road Traffic Police Departments, Waterway Traffic Police Departments, Economic Order Crime Investigation Departments, Social Order Crime Investigation Departments, Drug Crime Investigation Departments, Exit and Entry Management Departments at provincial-level police agencies;
d) Head of Mobile Police Unit from battalion level upwards, Chief of Border Gate Police Station;
d) Forest Rangers' Team Leaders, Mobile Forest Rangers' Teams' Leaders;
e) Customs Chiefs, Control Teams' Leaders under Customs Bureaus, Anti-Smuggling and Marine Control Teams' Leaders under the Smuggling Investigation General Department of Customs;
g) Market Supervision Teams' Leaders;
h) Border Guard Sub-sector Commanders, Border Guard Flotilla Commanders, Border Guard Squadron Commanders, Border Guard Posts' Chiefs, and Chiefs of border guard units stationed at borders and islands;
i) Coast Guard Squadron Commanders, Coast Guard Flotilla Commanders;
k) Aircraft, ship, train commanders when their aircraft, ships, trains have left airports, ports, stations.
2. Persons specified in Clause 1 of this Article may delegate their deputies to exercise the authority to temporarily detain individuals according to administrative procedures in their absence and to implement measures to prevent administrative violations and ensure other administrative violation handling processes. Deputies authorized must comply with legal regulations on temporary detention according to administrative procedures and bear responsibility for their detention decisions before their superiors and the law.

4. Article 11 is amended and supplemented as follows:

"Article 11. Place of Temporary Detention
1. The place of temporary detention according to administrative procedures is an administrative detention house or administrative detention cell arranged at the office of the agency or unit where the person with the authority to issue a decision on detaining violators works. In cases where there is no administrative detention house or administrative detention cell, temporary detention can take place in the duty room or another room at the workplace, but it must meet general requirements. Administrative detention houses or cells must be equipped with locks, ensuring lighting, ventilation, hygiene, fire prevention and firefighting safety, and convenience for supervision and protection. Individuals detained overnight must be provided with beds or floors to lie on and must have quilts, blankets, mosquito nets; each person must have a minimum space of 2 square meters.
2. Agencies responsible for preventing and combating law violations that frequently need to temporarily detain violators should arrange, design, and construct separate administrative detention houses or cells, including separate places for minors, women, or foreigners, and must have dedicated staff to manage and protect them. The form and scale of the place of temporary detention for violators must be based on the nature, characteristics, conditions, flow of people being detained, and practical requirements of temporary detention in specific sectors, fields, and areas to arrange, design, and construct accordingly.
3. For aircraft, ships, trains that have left airports, ports, stations, depending on specific conditions and violators, the aircraft, ship, train commanders shall decide on the place of temporary detention and assign personnel to carry out the detention.
4. Ministers of the Ministries of Public Security, National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, and Chairpersons of Provincial People's Committees directly under the Central Government shall guide the organization and arrangement of places of temporary detention and direct the design and construction of administrative detention places in accordance with the provisions of this Regulation based on the actual needs and situation of administrative violation prevention and control within their respective sectors, fields, and areas.

5. Article 14 shall be amended and supplemented as follows:

"Article 14. Dietary Regime for Persons Under Temporary Detention
1. The costs for meals of persons under temporary detention shall be borne by themselves or their families.
2. In cases where the person under temporary detention or their family cannot ensure such provision, the agency or unit of the authority deciding on temporary detention shall be responsible for ensuring the dietary regime for the person under temporary detention according to a standard of 0.6 kilograms of ordinary white rice, 0.1 kilograms of ordinary pork, 0.5 kilograms of green vegetables, 1 liter of boiled water cooled down, and appropriate fish sauce, salt, and fuel. This standard is funded from the state budget and converted into money based on market prices at each locality at each time point. In cases of temporary detention during public holidays, Tet, or when the health condition of the person under temporary detention does not meet requirements and requires a better dietary regime according to a doctor's prescription, the person under temporary detention may have additional meals, but the total amount of food (including additional meals) shall not exceed five times the daily standard; in cases of temporary detention during public holidays or New Year's Day, the person under temporary detention may have additional meals, but not more than three times the daily standard. The place of temporary detention may decide to adjust the aforementioned meal standards to suit the actual situation and taste preferences of the person under temporary detention to ensure they consume the full standard.
3. Agencies and units with the function of temporarily detaining persons according to administrative procedures must maintain records to closely monitor and settle accounts for the dietary regime of persons under temporary detention in accordance with the provisions of the law.

6. Article 18 is amended and supplemented as follows:

Clause 2 replaces "Ministry of Trade" with the phrase "Ministry of Industry and Trade"

Article 2. Effective Date

This Decree takes effect from April 5, 2009. The Ministers of the Ministries of Public Security, National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, within their respective functions and duties, shall guide and organize the implementation of this Decree. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree. .

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.