Circular No. 34/2017/TT-BCA on organizing meetings between persons under temporary detention, persons under pretrial detention, and their relatives; receiving gifts; sending and receiving letters, books, newspapers, and documents.

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 organizing meetings between persons under temporary detention and those under pretrial detention with their relatives; receiving gifts; sending and receiving letters, books, newspapers, and documents
during temporary detention and pretrial detention on September 25th

Pursuant to the Law on Encouragement, Reward and Honor dated November 26, 2003;i Pursuant to the proposal of the Director General of the General Bureau of Criminal Investigation for Execution of Criminal Sentences and Judicial Assistance;June 2024;59/2015/ND-CP dated June 18, 2015 of the Government on project management for construction investment;

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;

The Minister of Public Security promulgates this Circular regulating the organization of meetings between persons under temporary detention and those under pretrial detention with their relatives; receiving gifts; sending and receiving letters, books, newspapers, and documents.

This Circular regulates the organization of meetings between persons under temporary detention and those under pretrial detention with their relatives; receiving gifts; sending and receiving letters, books, newspapers, and documents.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

Ensuring the right of persons under temporary detention and those under pretrial detention to meet with their relatives; receive gifts; send and receive letters, books, newspapers, and documents; without affecting the criminal proceedings of the agency or authorized person and ensuring the safety of the detention facility.

Article 3. Principles of Implementation

Article 4. Subjects and procedures for visiting persons under temporary detention and those under pretrial detention

Chapter II

SPECIFIC PROVISIONS

1. Relatives visiting persons under temporary detention and those under pretrial detention are defined in Clause 8, Article 3 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

2. Relatives visiting must present one of the following types of personal identification documents: Identity card, passport, citizen identity card, certificate confirming they are officers, soldiers, workers, or staff members of the People's Army or People's Public Security, persons under 14 years old must have a birth certificate; documents confirming the relationship with the person under temporary detention or pretrial detention. In cases where the visitor does not have proof of relationship, they must submit a request letter confirmed by the People's Committee or authorized agency; in cases where the visitor does not have personal identification documents, the visit request letter must be affixed with a photograph and stamped over the photograph.

3. Persons under temporary detention may meet with relatives once during the period of temporary detention, once each time the temporary detention is extended, including holidays, each meeting lasting no more than one hour.

4. Persons under pretrial detention may meet with relatives once a month, during working hours, each meeting lasting no more than one hour. The head of the detention facility decides specifically the time when persons under temporary detention or pretrial detention meet with relatives.

5. In cases where a person under temporary detention is transferred to pretrial detention or a person under pretrial detention has less than one month of pretrial detention in that month, they still receive permission to meet with relatives once.

6. The head of the detention facility decides in writing to allow meetings with relatives, specifying the time of the meeting, the supervising officer during the visit, and sends the decision to the agency handling the case. Persons under temporary detention and those under pretrial detention may meet with no more than three relatives in each meeting; other cases are decided by the head of the detention facility.

7. In cases where the agency handling the case requests supervision or monitoring of visits, the head of the detention facility informs the agency handling the case of the visit time for coordination.

The language used in visits is Vietnamese; in cases involving ethnic minorities or foreigners who do not know Vietnamese, there must be an interpreter or an officer who knows the ethnic language or foreign language present.

When persons under temporary detention, those under pretrial detention, and their relatives have civil transaction requests, the agency handling the case is responsible for coordinating with the detention facility to resolve them in accordance with the law.

9. When the person under temporary detention, the person under custody, and their relatives have civil transaction requests, the agency handling the case shall coordinate with the detention facility to resolve them in accordance with the provisions of the law.

Article 5. Cases where persons under temporary detention or pretrial detention are not allowed to meet relatives

1. Cases where persons under temporary detention or pretrial detention are not allowed to meet relatives shall be implemented in accordance with the provisions of Clause 4, Article 22 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

2. When transferring persons under temporary detention or pretrial detention to detention facilities or when receiving files or upon request, the agency handling the case must immediately issue a written opinion disagreeing with visits or meetings with such persons, stating the reasons and duration for not allowing visits or meetings; the detention facility has the responsibility to inform the persons under temporary detention or pretrial detention and their relatives about this when they come to visit.

Article 6. Visits for persons sentenced to death

1. Visits for persons sentenced to death shall be carried out in accordance with Clause 2, Article 37 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

2. The warden of the pretrial detention center shall arrange a separate visiting room for persons sentenced to death and take necessary measures to ensure absolute safety.

Article 7. Responsibilities of detention facilities in organizing meetings between persons under temporary detention or pretrial detention and their relatives

1. The head of the detention facility is responsible for organizing meetings between persons under temporary detention or pretrial detention and their relatives in accordance with the provisions of the law. They shall assign officers with appropriate qualifications, capabilities, and experience in management and detention to perform the duty of organizing visits.

2. The detention facility is responsible for arranging a visiting room to organize meetings between persons under temporary detention or pretrial detention and their relatives, with signs indicating "Visiting Room," partitions, notice boards displaying the Internal Regulations of the detention facility, rules on visits, suggestion boxes, and information boards on legal assistance.

3. Officers assigned to organize visits must strictly comply with the Police Force Regulations; check documents as required and report to the head of the detention facility to decide on cases requesting visits; disseminate the Internal Regulations of the detention facility and rules on visits to visitors for compliance; record in the visit tracking logbook.

Article 8. Responsibilities of visitors and persons under temporary detention or pretrial detention

Visitors and persons under temporary detention or pretrial detention must strictly comply with the Internal Regulations of the detention facility and rules on visits and follow the guidance of officers organizing visits; they must have a civilized and courteous attitude, neat and clean attire. In case of violation, they will be reminded or prohibited from visiting.

Article 9. Handling of gifts received by persons under temporary detention or pretrial detention

1. Persons under temporary detention may receive gifts sent by relatives once during the period of temporary detention; once each time the temporary detention is extended. Persons under pretrial detention may receive gifts sent by relatives no more than three times within one month. The quantity of gifts is food and drink, not exceeding three times the daily standard meal allowance.

2. Types of gifts that relatives of persons under temporary detention or pretrial detention can send include: money, medicine for treatment, health supplements, food and drink, daily necessities, and personal belongings (excluding items listed in the prohibited list). In special cases to prevent and control diseases and ensure the health of persons under temporary detention or pretrial detention, the head of the detention facility decides to temporarily suspend the receipt of food and drink gifts.

3. Persons under temporary detention or pretrial detention may receive Vietnamese currency sent by relatives, which must be deposited at the detention facility. Foreign nationals under temporary detention or pretrial detention may receive Vietnamese currency or foreign currency, which can be converted into Vietnamese currency according to the exchange rate set by the State Bank of Vietnam at the time of deposit. Persons under temporary detention or pretrial detention are not allowed to use cash; the detention facility is responsible for opening a deposit account to receive, monitor, and manage the use of deposited funds. Persons under temporary detention or pretrial detention may use deposited funds to purchase daily necessities and food and drink; the quantity of food and drink purchased at one time does not exceed three times the daily standard meal allowance. Persons under temporary detention or pretrial detention may reclaim any remaining deposited funds when released, transferred to another detention facility, or returned to their relatives.

The head of the detention facility organizes the reception and strict inspection of gifts sent by relatives to persons under temporary detention or pretrial detention.

4. Medicine for treatment and health supplements sent by relatives to persons under temporary detention or pretrial detention must have clear origin and expiration date, and a prescription from a doctor at a state medical facility. Medical staff of the detention facility is responsible for receiving, managing, and providing medicine to persons under temporary detention or pretrial detention according to the prescription.

5. Apart from receiving gifts during meetings with relatives, persons under temporary detention or pretrial detention can also receive gifts sent by relatives to the detention facility, with a weight limit of no more than three kilograms per shipment; they can receive money sent by relatives through postal services.

6. The head of the detention facility decides whether to accept or reject gifts sent by agencies, organizations, or individuals to persons under temporary detention or pretrial detention, ensuring compliance with regulations.

7. The detention facility may organize a canteen to provide essential food, drink, and daily necessities for sale to persons under temporary detention or pretrial detention and their relatives when they visit. Goods in the canteen must meet quality and food safety standards. The head of the detention facility approves prices for various goods at different times to ensure they are equivalent to retail prices in the local market and publicly displayed.

Article 10. Sending and receiving letters, books, newspapers, and documents by persons under temporary detention and persons under pretrial detention

Clause 1. Persons under temporary detention and persons under pretrial detention may only send and receive letters, books, newspapers, and documents when permitted by the agency handling the case and subject to review by the agency handling the case and inspection by the detention facility.

Clause 2. The detention facility has the responsibility to guide organizations, individuals, and relatives of persons under temporary detention and persons under pretrial detention on sending and receiving letters, books, newspapers, and documents, and allow such persons to receive them upon the agreement of the agency handling the case.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from January 1, 2018.

Article 12. Responsibility for Implementation

Clause 1. The General Chiefs, Commanders, Heads of units directly under the Minister; Directors of Public Security, Fire Prevention and Fighting Services of provinces and centrally-administered cities; Heads of temporary detention management agencies; Heads of pretrial detention enforcement agencies at all levels within the People's Public Security shall be responsible for organizing the implementation of this Circular within their functional duties, tasks, powers.

Clause 2. The General Chief of the Criminal Enforcement and Judicial Assistance Bureau shall be responsible for monitoring, guiding, and organizing inspections of the implementation of this Circular.

Clause 3. During the implementation of this Circular, if there are any difficulties, local public security units shall report to the Ministry (through the Criminal Enforcement and Judicial Assistance Bureau) for timely guidance./.