Circular No. 27/2018/TT-BQP Issuing the Internal Regulations for Detention Facilities in the People's Army

CIRCULAR

BIssuing Internal Regulations for Detention Facilities in the People's Armyâfor the people 

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

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 promulgate the Internal Regulations for Detention Facilities in the People's Army for the people.This Circular promulgates the "Internal Regulations for Detention Facilities in the People's Army for the people."

Article 1. This Circular takes effect from April 30, 2018.

Article 2. The Chief of General Staff, Director of the Political General Department, heads of agencies and units, and related individuals are responsible for implementing this Circular.

Article 3.                                                                                                                                      KT. MINISTER

Detention Facilities in the People's Army for the People

(Issued together with Circular No. 27/2018/TT-BQP of the Minister of National Defense dated March 12, 2018)

These Internal Regulations for Detention Facilities in the People's Army for the People stipulate provisions regarding meals, clothing, medical care; receiving and sending letters; receiving money, gifts, and personal items brought into detention cells; visiting; prohibited items to be brought into detention facilities and handling such prohibited items within detention facilities.These regulations apply to persons temporarily detained or pretrial detained at detention facilities in the People's Army for the People and relevant agencies, organizations, and individuals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Adhere to laws and regulations set forth in these Internal Regulations.

Article 2. Applicability

2. Strictly comply with orders and decisions of investigative agencies, prosecution offices, courts, and heads of detention facilities; follow the management, guidance, and inspection of detention facility staff.

Article 3. Principles of Implementation

3. Respect the lives, health, dignity, and reputation of oneself and others; protect the property of detention facilities and persons temporarily detained or pretrial detained; report improper actions, negative behaviors, and violations of the law within detention facilities.

4. Comply with time schedules, commands, and other regulations during daily activities, sleep, and rest.

1. Violating provisions of the Law on Enforcement of Temporary Detention and Pretrial Detention, Internal Regulations for Detention Facilities; failing to comply with or obstructing the enforcement of orders and decisions of competent authorities in the enforcement of temporary detention and pretrial detention; retaliating against those who report one’s own or others' improper actions.

2. Threatening, beating, oppressing, spreading HIV to others, extorting others' property, self-mutilation, tattooing oneself or others, wearing accessories on the body.

Article 4. Prohibited Acts

3. Homosexual acts, sexual relations.

4. Establishing or participating in groups, gangs, or associations under any form.

5. Divination, worship, preaching, superstitious practices, gambling in any form.

6. Throwing food and drink around randomly; hiring or forcing others to serve oneself.

7. Attempting or covering up, tolerating, supporting actions aimed at escaping from detention facilities.

8. Providing false information to incite others to disrupt order in detention facilities.

9. Pretending to be ill or refusing to comply with instructions and guidance from detention facility staff and medical facilities.

REGIME OF PERSONS TEMPORARILY DETAINED OR PRETRIAL DETAINED

9. Pretending to be ill, in pain, or failing to comply with the instructions and guidance of the detention facility staff and medical examination and treatment facilities.

Chapter II

REGIME OF PERSONS UNDER TEMPORARY DETENTION OR IMPRISONMENT

Article 5. Meal Times and Additional Meals

1. At meal times, persons under temporary detention or pre-trial detention shall receive the standard meals and eat according to the time stipulated by the detention facility.

2. The head of the detention facility decides whether persons under temporary detention or pre-trial detention may use gifts or money deposited for additional meals or to purchase processed food items for immediate consumption, but not exceeding three times the daily meal standard.

Article 6. Personal Belongings and Items Brought into Detention Cells

1. Persons under temporary detention or pre-trial detention may bring clothing, quilts, mosquito nets, mats, and other items provided or lent by the detention facility in accordance with government regulations, family-supplied items, papers related to the case, essential personal items, and items for children under thirty-six months old if they are staying with their detained mother.

2. Personal belongings and items must be placed in designated areas, ensuring cleanliness, neatness, and orderliness.

3. The head of the detention facility decides on lending or allowing additional personal belongings and items for persons under temporary detention or pre-trial detention when necessary, and items for children under thirty-six months old may be brought into the detention cells.

Article 7. Rules in Detention Cells

1. Persons under temporary detention or pre-trial detention must stay in the designated positions, maintain hygiene, refrain from writing or drawing on walls or doors, and avoid actions that disrupt order at the detention facility;

2. Persons under temporary detention or pre-trial detention must comply with roll calls and inspections conducted by detention facility staff.

Article 8. Medical Examinations and Treatment

1. When ill or injured, persons under temporary detention or pre-trial detention must report promptly and strictly follow the instructions and guidance of medical staff, detention facility staff, and the rules and regulations of the medical facility.

2. Persons under temporary detention or pre-trial detention may receive medications for treatment from relatives, but such medications must be accompanied by a prescription from the medical facility; these medications must be handed over to the detention facility's medical staff for administration under the supervision of medical personnel.

Article 9. Spiritual Activities Time Regulations

1. Each day, persons under temporary detention or pre-trial detention are provided with one copy of the People's Army Newspaper for reading and return. Based on the number of persons under temporary detention or pre-trial detention at the facility, the head of the detention facility determines the reading time for these individuals.

2. Each day, persons under temporary detention or pre-trial detention can listen to the Vietnam National Radio news broadcasts (morning, noon, evening) provided by the detention facility. Based on the working hours of the detention facility, the head of the detention facility decides whether to allow these individuals to listen to additional programs broadcast by the Vietnam National Radio.

Chapter III

REGULATIONS ON VISITS BY RELATIVES, LEGAL REPRESENTATIVES TO CONDUCT CIVIL TRANSACTIONS; DEFENDERS; PERSONS INVOLVED IN PROSECUTION AND OTHER ORGANIZATIONS, ORGANIZATIONS, AND INDIVIDUALS; RECEIVING AND SENDING LETTERS; RECEIVING MONEY AND GIFTS

Article 10. Procedures for Visits and Meetings

1. Relatives visiting persons under temporary detention or pre-trial detention must present the following documents:

a) A visit request form confirmed by the People's Committee of the commune where the person resides or by the organization or institution where the person works or studies regarding their relationship with the detainee;

b) One of the identity cards: Citizen Identity Card, ID card, military service identification, or passport; in cases where none of these identity cards are available, the request form must be affixed with a photograph, confirmed and stamped by the People's Committee or the organization or institution, and the photograph must also be stamped.

2. Defense attorneys visiting persons under temporary detention or pre-trial detention must present the following documents:

a) Notification of the defense attorney;

b) One of the identity cards: Lawyer's Card, Legal Aid Assistant Card, ID card, Citizen Identity Card, or passport.

3. Prosecution personnel visiting persons under temporary detention or pre-trial detention must present the following documents:

a) Decision on assignment to handle the case; in cases where there is no decision on assignment to handle the case, a letter of introduction from the competent prosecution agency handling the case must be presented;

b) One of the identity cards: Certificate from the Investigation, Prosecution, or Court Departments; ID card, Military Service Identification, Citizen Identity Card, or passport.

c) If prosecution personnel need to meet with persons under temporary detention or pre-trial detention for another case, they must have written consent from the head of the agency or the authority currently handling that case.

4. Legal representatives visiting persons under temporary detention or pre-trial detention to conduct civil transactions must present the following documents:

a) Documentation showing they are a legal representative for conducting civil transactions as prescribed by civil law.

b) Consent documentation from the prosecution agency currently handling the case.

c) One of the identity cards: Citizen Identity Card, ID card, Military Service Identification, or passport.

5. Representatives of organizations or individuals visiting persons under temporary detention or pre-trial detention must present the following documents:

a) Consent documentation from the prosecution agency currently handling the case.

b) An introduction letter from the organization if they are representing the organization.

c) ID card, Military Service Identification, Citizen Identity Card, or passport.

Article 11. Responsibilities of staff organizing visits and meetings

1. Staff performing the duty of organizing visits and meetings must strictly comply with laws, regulations, and rules of detention facilities. They shall not cause inconvenience to persons under temporary detention or pretrial detention, visitors, or those conducting business; they shall not arbitrarily accept, transfer letters, money, gifts, or other items to persons under temporary detention or pretrial detention.

2. Officers tasked with organizing visits have the following responsibilities:

a) Receiving and checking the documents of visitors and those conducting business; compiling a list of persons under temporary detention or pretrial detention who are allowed or not allowed to be visited according to the provisions of the Law on Enforcement of Temporary Detention and Pretrial Detention, proposing it for approval by the head of the detention facility before implementation.

b) Inspecting persons, letters, money, gifts, objects, supervising persons under temporary detention or pretrial detention from the time of reception until their handover to the ward staff; signing the Entry and Exit Register for persons under temporary detention or pretrial detention.

c) In cases where multiple relatives of persons under temporary detention or pretrial detention come to visit at the same time, they must request the head of the detention facility to strengthen supervision during visits.

d) Recording visits in the tracking logbook, updating complete information, and reporting the situation of visits to the head of the detention facility.

đ) Immediately handing over money, medicines, and other items that are not allowed to be brought into the cell which persons under temporary detention or pretrial detention received during visits (if any) to the responsible manager.

3. Supervising the process of visits and business without allowing persons under temporary detention or pretrial detention to communicate improperly or engage in prohibited acts. When discovering violations of detention facility regulations by persons under temporary detention or pretrial detention and visitors or those conducting business, immediately stop the visit or business; prepare a report and report to the head of the detention facility.

Article 12. Meeting relatives; legally authorized representatives to conduct civil transactions; representatives of other agencies, organizations, and individuals

1. Persons under temporary detention or pretrial detention may meet relatives, legally authorized representatives to conduct civil transactions; representatives of other agencies, organizations, and individuals according to the provisions of the Law on Enforcement of Temporary Detention and Pretrial Detention; before meeting, they must clean themselves thoroughly, wear long pants, shoes, have neat hair, short nails, and trimmed toenails; men must have short hair, not shaved heads, and no beards or mustaches.

2. The head of the temporary detention or pretrial detention facility decides the specific time for visits and informs the agency handling the case; if the agency handling the case requests joint supervision, the agency handling the case will assign personnel to cooperate with the detention facility to supervise the visit.

3. The head of the detention facility organizes for persons under temporary detention or pretrial detention to meet relatives every day of the week, including holidays and public holidays; meet legally authorized representatives of other agencies, organizations, and individuals on working days; the time of visits follows the working hours of the detention facility.

4. The number of meetings and duration of each meeting with relatives are implemented according to the provisions of the Law on Enforcement of Temporary Detention and Pretrial Detention. In cases exceeding the number specified in the Law on Enforcement of Temporary Detention and Pretrial Detention or meeting persons who are not relatives of persons under temporary detention or pretrial detention, written consent from the agency handling the case is required.

5. Persons under temporary detention or pretrial detention are arranged to meet relatives or representatives of other agencies, organizations, and individuals in the visiting room (cell).

6. During the visit, the visitor must be isolated from the person under temporary detention or pretrial detention; the visit process must be supervised by the detention facility.

Article 13. Provisions for relatives of persons under temporary detention

1. Relatives of persons under temporary detention include:

a) The wife or husband of the person under temporary detention;

b) Biological children, daughters-in-law, sons-in-law, legally adopted children;

c) Biological father, biological mother; legally adopted father, legally adopted mother; father, mother-in-law (or father, mother);

d) Paternal or maternal grandparents;

đ) Full brothers, sisters;

e) Grandchildren of the person under temporary detention.

2. Persons visiting persons under temporary detention must strictly comply with the law and internal regulations of the detention facility; they may not bring prohibited items as specified in Article 21 of these Internal Regulations, except for watches without recording, audio, video, or signal transmission functions; belts and other items owned by visitors as specified in Clauses 7 and 8 of Article 21 of these Internal Regulations to the visiting area.

3. When meeting with persons under temporary detention, relatives of such persons must follow the guidance of staff organizing visits.

4. Relatives and persons under temporary detention must use the Vietnamese language during communication; if they do not know Vietnamese and use another language, they must have a translator as provided by law.

Article 14. Receiving and Sending Letters, Accepting Gifts

1. Persons under temporary detention may only send letters, receive letters, books, newspapers, and documents when permitted by the agency handling the case.

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

3. Persons under temporary detention may accept and carry into their cells gifts that are processed food items that can be consumed immediately; staff of the detention facility must inspect before allowing the person under temporary detention to accept them.

4. The detention facility may organize a canteen to sell essential goods to persons under temporary detention. Prices must be approved by the head of the detention facility, publicly posted, and not higher than the retail prices at the local time.

Article 15. Management of Deposited Items

1. If persons under temporary detention have cash, foreign currency, valuable papers; precious stones, precious metals, watches, valuable jewelry; unused clothing or other valuable items; the types of documents specified in Clause 8 of Article 21 of these Internal Regulations, they must deposit them with the detention facility and retrieve them upon release or transfer to another detention facility.

2. If persons under temporary detention wish to transfer money or items to their relatives or legal representatives, the detention facility has the responsibility to notify the relatives to come directly to the detention facility to collect or send through postal service. Persons under temporary detention must bear the postage fees if transferring money or items via postal service.

3. In cases where persons under temporary detention die, any remaining deposited funds, deposited items, and personal items of the deceased person shall be handed over to their relatives. If there are no relatives or if relatives do not come to collect, it shall be handled according to the provisions of the law. The handover and receipt must be recorded in a record.

Article 16. Receiving Money and Using Cash

1. Persons under temporary detention are not allowed to directly receive, manage, or use cash. Purchasing goods for personal use is done through payment via a tracking book of deposited funds and purchasing from the canteen. The book is managed by the person under temporary detention.

2. When persons under temporary detention are given money by relatives during visits, the staff organizing the visit must take responsibility for receiving and recording a receipt signed by the giver and receiver. In cases of sending money through postal service, the head of the detention facility will assign staff to go to the post office to receive the money.

3. Money given to persons under temporary detention by relatives during visits or sent through postal service must be recorded in the tracking book of deposited funds and purchases made at the canteen of the person under temporary detention and immediately handed over to the financial staff of the detention facility for management through accounting and financial systems as prescribed by law.

4. When persons under temporary detention are transferred to another detention facility, the deposited funds must be handed over together with the person under temporary detention to the receiving unit. The handover and receipt must be recorded in a record, signed by both parties and the person under temporary detention.

Article 17. Meeting with Defense Counsel

1. Persons under temporary detention or pretrial detention may meet with defense counsel in a workroom arranged by the detention facility. The meeting process must be supervised by the detention facility.

2. Defense counsel may only meet with persons under temporary detention or pretrial detention during the time specified in Clause 3, Article 12 of this Internal Regulation. When meeting with persons under temporary detention or pretrial detention, defense counsel must strictly comply with the law and internal regulations of the detention facility. In case of discovering violations of the internal regulations of the detention facility by persons under temporary detention or pretrial detention or by defense counsel, the staff organizing visits must immediately stop the meeting, prepare a record, and report to the head of the detention facility to inform the agency handling the case.

Article 18. Meeting and Working with Litigation Officers

1. Litigation officers who come to meet and work with persons under temporary detention or pretrial detention must have all the procedures prescribed in Clause 3, Article 10 of this Internal Regulation.

2. Staff responsible for organizing visits at the detention facility have the responsibility to receive and check the documents of those coming to work. If they find that the person is correct and has all the required documents according to the regulations, they will prepare a list of persons under temporary detention or pretrial detention to be signed off by the head of the detention facility before allowing them to work.

3. When meeting with persons under temporary detention or pretrial detention, litigation officers must strictly comply with the law and internal regulations of the detention facility. In case of discovering violations of the internal regulations of the detention facility by persons under temporary detention or pretrial detention or by litigation officers, the staff organizing visits must immediately stop the meeting, prepare a record, report to the head of the detention facility to inform the agency handling the case.

Chapter IV

MANAGEMENT OF PERSONS SENTENCED TO DEATH WHO ARE CURRENTLY IN PRETRIAL DETENTION

Article 19. Visiting Regulations

1. Persons sentenced to death whose sentences have not yet taken legal effect shall follow the visiting regulations for persons currently in pretrial detention as stipulated in Article 22 of the Law on Execution of Temporary Detention and Pretrial Detention and Articles 9, 12, 13, 14, 15, and 16 of this Internal Regulation.

2. For persons sentenced to death whose sentences have taken legal effect and are awaiting execution, the visiting regulations shall be implemented according to Articles 10 and 12 of this Internal Regulation and decided by the Warden of the pretrial detention center; meetings with relatives are only allowed when safety conditions are ensured. The duration of each visit shall not exceed one hour.

3. The visiting process must be monitored by two staff members and supported by guards.

Article 20. Management of Persons Sentenced to Death

1. Persons sentenced to death must be detained separately in a Cell for Death Sentence Convicts, with a signboard stating "Cell for Death Sentence Convicts" hung outside the cell door.

2. The cell for persons sentenced to death must have a secure and safe door system, equipped with locks, leg irons, and a recording system.

3. When escorting persons sentenced to death out of their cells to meet relatives or work with authorized agencies, organizations, or individuals, they must be handcuffed and leg shackled. Only one side of the handcuffs should be unlocked upon entering the isolation area, and the other side must be attached to a fixed position. Leg shackles must remain locked throughout the visit or work period.

Chapter V

FORBIDDEN ITEMS AND HANDLING OF FORBIDDEN ITEMS BROUGHT INTO DETENTION FACILITIES

Article 21. Forbidden Items to Bring into Detention Facilities

1. Various types of weapons including military weapons of all kinds; hunting guns; crude weapons; sports weapons, homemade weapons, and other types of weapons with similar functions; explosive materials including explosives and accessories of various kinds.

2. Support tools including rubber bullets, tear gas, pepper spray, tranquilizers, poison, smoke grenades, flashbangs, and other types of ammunition used for these weapons; devices used to spray tear gas, pepper spray, poison, tranquilizers, itching agents; smoke grenades, tear gas grenades, explosive grenades; electric batons, rubber batons, metal batons, caltrops, barbed wire, bulletproof vests, electric gloves, knife-catching gloves, bulletproof helmets, bows, arrows, crossbows, slingshots, handcuffs, and other support tools.

3. Tranquilizers, poisons, flammable substances, combustible substances, itching agents, radioactive substances, chemicals, toxic drugs.

4. Narcotics; new medicines containing addictive substances (except when prescribed by authorized health authorities).

5. Alcohol, beer, tobacco, water pipe tobacco, and other stimulants.

6. Metal items and other objects such as belts, electrical wires, guitar strings, and other types of ropes that can be used to endanger the lives and health of persons under temporary detention or pretrial detention; items made of ceramics, porcelain, stone, fired clay, glass, thermoses, sharp objects, and other items that can be used as weapons.

7. Cash, foreign currency, negotiable instruments, precious stones, precious metals.

8. Documents including identity cards, military identification cards, passports, household registration books, vocational certificates, cards, diplomas, certificates, and other certification documents.

9. Technical and electronic equipment including audio and video recording devices, listening and viewing devices, telephones, walkie-talkies, watches, and other signal transmission devices (excluding medical equipment as prescribed by authorized health authorities).

10. Foreign language books and newspapers, religious and superstitious publications未经翻译的部分已经是正确的格式，无需修改。以下是翻译内容：

11. Other items that may cause security risks to the detention facility, harm the health of persons under temporary detention or pretrial detention and others; negatively impact environmental hygiene or be used for illegal purposes.

Article 22. Seizure and Preservation of Prohibited Items

1. When prohibited items are found to be brought into detention facilities, staff members of the detention facility must prepare a record, request the violator to write a statement, record the confession of the person under temporary detention or pretrial detention who violated the rules, and the testimony of witnesses (if any). The record must describe in detail and accurately the quantity, weight, type, shape, size, color, and other characteristics of the prohibited item, seal the prohibited item (if necessary).

2. Seized prohibited items must be strictly preserved with handover records, tracking logs, and must not be lost or damaged.

3. Detention facilities have the responsibility to arrange storage areas for preserving and managing prohibited items, and designate personnel to manage them.

Article 23. Handling of Prohibited Items

1. The seizure and handling of prohibited items discovered at detention facilities shall be carried out in accordance with the provisions of the law.

2. The handling of prohibited items must establish a Handling Committee consisting of the following members:

a) The Handling Committee for prohibited items at Temporary Detention Centers shall be chaired by the Warden, with Deputy Wardens, Heads of Custodial Teams, Heads of Security and Judicial Support Teams, medical staff, detention records assistants, and financial officers as members.

b) The Handling Committee for prohibited items at Holding Facilities shall be chaired by the Head of the Criminal Investigation Agency in the area, with Deputy Heads of the Criminal Investigation Agency in the area, Heads of Holding Facilities, assistant coordinators, and representatives of security forces as members.

c) The Handling Committee for prohibited items at Border Guard Posts shall be chaired by the Post Commander, with other members and secretaries appointed by the Post Commander.

Article 24. Records of Handling Prohibited Items

1. The records of handling prohibited items include:

a) Seizure and sealing records (if the item was sealed);

b) Violator's statement;

c) Record of violator's confession and witness testimony (if any);

d) Conclusion of the Investigative Agency in cases where the violation is not criminally prosecuted;

đ) Report of the staff seizing the prohibited item and recommendation for disciplinary action against the violator;

e) Minutes of the disciplinary committee meeting of the detention facility;

g) Decision on disciplinary action against the violator;

h) Minutes of the handling of prohibited items (handover minutes, destruction minutes, return minutes to the person under temporary detention or pretrial detention who violated the rules).

2. The records of handling prohibited items must be kept in the management file of persons under temporary detention or pretrial detention.

                                                                                                                  MINISTER
                                                                                                                 VICE MINISTER

                                                                                                                 (Signed)

                                                                                                                 General Le Chiem