Circular No. 32/2017/TT-BCA stipulates the list of prohibited items to be brought into detention cells and provides guidance on handling violations.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Regulations on the list of prohibited items to be brought into detention cells,
holding cells and handling violations

The Ministers of Public Security and National Defense, the President of the Supreme People's Court, and the Procurator General of the Supreme Procuratorate issue this Joint Circular to regulate cooperation in implementing the provisions of the Criminal Procedure Code No. 101/2015/QH13 regarding conditional early release from prison.No. in criminal proceedings dated November 27, 2015;

Pursuant to the Criminal Code dated November 27, 2015 (amended and supplemented in 2017);

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

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Department of Criminal Investigation and Enforcement and Judicial Assistance;

The Minister of Public Security promulgates this Circular stipulating the list of prohibited items to be brought into detention cells, holding cells and handling violations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the list of prohibited items to be brought into detention cells, holding cells and handling violations.

Article 2. Applicability

This Circular applies to persons under temporary detention, persons under pretrial detention at detention centers, temporary detention facilities (hereinafter referred to collectively as detention facilities) within the People's Public Security and relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Detention cell is a place for temporarily detaining persons during the period of temporary detention, extended temporary detention as prescribed by the Criminal Procedure Code, constructed according to the design model of the Ministry of Public Security, with a signboard stating "Detention Cell" as prescribed.

2. Holding cell is a place for temporarily detaining persons during the period of pretrial detention, extended pretrial detention as prescribed by the Criminal Procedure Code, constructed according to the design model of the Ministry of Public Security, with signboards stating "Holding Cell", "Cell for Persons Awaiting Imprisonment", "Cell for Persons Sentenced to Death", "Disciplinary Cell" based on the type of detention management.

3. Prohibited items are those items specified in Article 4 of this Circular, which when brought into detention cells, holding cells may be used by persons under temporary detention, persons under pretrial detention to commit suicide, escape from detention, cause injury or harm to health, life of themselves or others, obstruct the execution of temporary detention, pretrial detention, investigative activities, prosecution, trial, and enforcement.

Chapter II

SPECIFIC PROVISIONS

Article 4. List of prohibited items to be brought into detention cells, holding cells

1. Various types of weapons, explosives, explosive materials, auxiliary tools.

2. Anesthetic substances, toxic substances, poisonous gases, radioactive substances, harmful chemicals, dangerous substances.

3. Narcotics, precursor substances for narcotics, addictive substances, hallucinogenic substances.

4. Flammable substances, flammable materials (gasoline, oil, alcohol, lighters, various types of matches...).

5. Mobile phones and communication devices.

6. Data storage devices, tape recorders, video recorders, music players, radios; similar devices and other technical, electronic equipment.

7. Metal, ceramic, porcelain, glass utensils, other hard, sharp objects and types of ropes that can be used for suicide, breaking out of detention cells, escaping from detention, causing injury or harm to health, life of persons under temporary detention, persons under pretrial detention or others.

8. Books, newspapers, documents, paintings, photographs, audiovisual media containing reactionary content, illegal religious propaganda, obscene content, superstitious beliefs; means and tools used for gambling in any form.

9. Paper, pens, ink (except where approved by the detention facility).

10. Alcohol, beer, alcoholic beverages, tobacco, water pipe tobacco; medicines for treatment and prevention not approved by the detention facility medical staff.

11. Vietnamese dong, foreign currency, negotiable instruments, gold, silver, precious stones, other precious metals.

Article 5. Discovery and Seizure of Prohibited Items

1. When prohibited items are found being brought into holding cells or detention cells, responsible officers shall prepare a seizure record, record the statements of the violator and witnesses (if any). The record must clearly specify the quantity, weight, type, shape, size, color, condition, and other characteristics of the seized prohibited items. Prohibited items suspected to be gold, silver, precious stones, other precious metals, or narcotics must be sealed with the signatures of the violator, witness, or observer.

2. In cases where the person bringing the prohibited items into the holding cell or detention cell cannot be identified, at least two detained individuals must witness and sign the record and seal (if applicable), and an investigation must be organized to clarify and handle the situation.

3. After preparing the seizure record, the officer must report to the head of the detention facility for handling and ensure strict management to guarantee safety.

4. The seizure and handover of prohibited items must be recorded in a document and entered into a tracking log.

Article 6. Handling of violations

1. Individuals who bring, store, or use prohibited items in holding cells or detention cells will be subject to legal penalties according to the nature and severity of the violation. If individuals voluntarily surrender prohibited items, they may be considered for leniency in their punishment.

2. Other persons who assist, cover up, or bring prohibited items into holding cells or detention cells must have a case file established and processed according to the law and regulations of the Minister of Public Security.

3. For acts of bringing, storing, or using prohibited items in holding cells or detention cells that indicate criminal activity, the head of the detention facility must submit a written request and immediately transfer the violation file to the competent investigative authority for investigation and handling according to the law.

Article 7. Handling of Prohibited Items

1. Prohibited items specified in Clauses 1, 2, and 3 of Article 4 of this Circular must be recorded and immediately transferred to the competent investigative authority for handling according to the law.

2. Prohibited items specified in Clauses 4, 5, and 6 of Article 4 of this Circular must be inspected and verified after seizure, a case file established before organizing destruction; if the items contain contents or data related to a case, they must be handed over to the competent investigative authority for handling according to the law.

3. Prohibited items specified in Clauses 7, 8, 9, and 10 of Article 4 of this Circular must be destroyed upon decision by the head of the detention facility.

4. The destruction of prohibited items must be conducted by a Committee, with the Warden serving as Chairman, one Deputy Warden as Vice-Chairman, heads of specialized teams and Medical Director as members; for holding facilities, the Deputy Head of Public Security responsible for the holding facility serves as Chairman, the Head or Deputy Head of the holding facility as Vice-Chairman, and correctional officers, security personnel, and medical staff as members.

5. Prohibited items specified in Clause 11 of Article 4 of this Circular must be sent to the State Treasury of the location where the unit is stationed by the head of the detention facility after seizure, and a request made to the authorized person to issue a decision on handling according to the law; if the detainee voluntarily surrenders the items, they may be stored in custody or given to relatives according to the wishes of the surrenderer.

Article 8. Documents for seizing, handling prohibited items, and dealing with violations

1. The documents for seizing, handling prohibited items, and dealing with violations include:

- Violation report and record of confiscating prohibited items (sealed if applicable);

- Statement-taking record of the violator and witness (if any);

- Violator's statement;

- Report of the officer confiscating prohibited items and recommendation on form of handling;

- Report of the head of the detention facility regarding confiscation and recommendation to the competent authority for handling prohibited items as stipulated in Clause 11, Article 4 of this Circular;

- Decision on confiscating prohibited items;

- Decision on handling prohibited items;

- Decision on dealing with violations;

- Record of handling prohibited items (record of transferring, destroying prohibited items);

- Record of transferring related documents and files (if transferred to competent authorities for resolution according to regulations);

- Other related documents.

2. The documents for seizing, handling prohibited items, and dealing with violations must be managed and retained in accordance with regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from January 1, 2018, abolishing previous provisions that conflict with this Circular.

Article 10. Responsibility for Implementation

1. Comrades General Directors, Heads of units under the Minister; Provincial Police Chiefs, Fire Prevention and Fighting Chiefs of centrally governed cities; Heads of detention facilities within their scope, functions, tasks, and powers are responsible for organizing the implementation of this Circular.

2. During the implementation of this Circular, if there are any difficulties, local police units shall report to the Ministry (through the Criminal Enforcement and Judicial Assistance General Department) for timely guidance.