Circular No. 42/2010/TT-BCA provides detailed regulations on the implementation of certain provisions of the Administrative Detention Regulation.

This Circular specifies the detailed procedures for administrative detention, applicable to competent authorities. Situations where detention may be applied include disrupting public order, serious administrative violations, evidence collection needs, and preventing domestic violence. The detention period shall not exceed twelve hours, but may be extended up to forty-eight hours in special cases.

Số hiệu42/2010/TT-BCA
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Public Security
Người kýĐại Tướng Lê Hồng Anh — Bộ trưởng
Cập nhật26/06/2026
NgànhPublic Security
Lĩnh vựcUncategorized
Ngày ban hành04/11/2010
Ngày áp dụng20/11/2010
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Circular specifies the detailed procedures for administrative detention, applicable to competent authorities. Situations where detention may be applied include disrupting public order, serious administrative violations, evidence collection needs, and preventing domestic violence. The detention period shall not exceed twelve hours, but may be extended up to forty-eight hours in special cases.

Đối tượng áp dụng

Competent authorities implementing administrative detention measures include units under the Ministry of Public Security and other functional forces.

Các điểm cốt lõi

  • Administrative detention measures can only be applied in specific situations such as disrupting public order or committing serious offenses against the law.
  • The detention period shall not exceed twelve hours, but may be extended up to forty-eight hours in special cases.
  • The person issuing the detention decision must notify the family, workplace, or educational institution of the detainee if necessary.
  • The detention decision must clearly state information about the detainee and the detention period.
  • The detainee is responsible for their own food and living conditions, except when they cannot ensure these themselves.

🌐 Tác động xã hội từ văn bản này

  • Positive impact: Helps prevent acts of disrupting public order and protect social security.
  • Negative impact: May cause psychological burden on the detainee, especially when the detention period is prolonged.
  • Benefit: Facilitates the collection of necessary evidence by law enforcement agencies to handle administrative violations.

❓ Câu hỏi thường gặp

In which cases can the administrative detention measure be applied?

Administrative detention can only be applied in cases of disrupting public order, committing serious offenses against the law, or when there is a need to collect evidence.

What is the maximum duration of administrative detention?

The detention period shall not exceed twelve hours, but may be extended up to forty-eight hours in special cases such as border regulation violations or remote areas.

What rights does a detainee have?

The detainee has the right to lodge complaints, file charges, and initiate litigation regarding the issuance of the detention decision according to the law.

Is it necessary to notify the family of the detainee?

In cases such as nighttime detention or detention exceeding six hours, the person issuing the detention decision must inform the parents or guardians of the detainee.

Are there any special provisions for foreign detainees?

The person issuing the detention decision must report to the diplomatic agency to inform the diplomatic representative or consul of that country.

Toàn văn

MINISTRY OF PUBLIC SECURITY

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 42/2010/TT-BCA
Date: November 4, 2010

CIRCULAR

Detailed Implementation of Certain Provisions of the Administrative Procedure for Temporary Detention of Persons

pursuant to administrative procedures

______________________________________

Pursuant to the Administrative Violation Handling Ordinance 2002; the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008;

Pursuant to Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government promulgating the Administrative Procedure for Temporary Detention of Persons; Decree No. 19/2009/NĐ-CP dated February 19, 2009 amending and supplementing certain provisions of the Administrative Procedure for Temporary Detention of Persons issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security hereby provides detailed implementation of certain provisions of the Administrative Procedure for Temporary Detention of Persons issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004, which has been amended and supplemented by Decree No. 19/2009/NĐ-CP dated February 19, 2009, as follows:

Article 1. Cases of Temporary Detention of Persons under Administrative Procedures

Temporary detention of persons under administrative procedures shall only be applied in the following cases:

1. To prevent and stop immediately acts disrupting public order or causing injury to others as provided in point a, Clause 2, Article 2 of the Administrative Procedure for Temporary Detention of Persons issued together with Decree No. 162/2004/NĐ-CP dated September 7, 2004, which has been amended and supplemented by Decree No. 19/2009/NĐ-CP (hereinafter referred to as the Administrative Procedure for Temporary Detention of Persons).

Acts disrupting public order are serious violations of regulations ensuring public security and order, contravening general rules of communal life and civilized behavior in public places, if not prevented and stopped immediately, will have adverse effects on public security and social order and safety in public places.

Acts causing injury to others include those actions that have been, are being carried out, or have the potential to actually lead to harm to the health and physical safety of others.

2. To collect and verify important circumstances serving as grounds for deciding on administrative violation handling or ensuring administrative violation handling.

Important circumstances include those circumstances to determine the identity of the violator, purpose, nature, degree of violation, aggravating and mitigating factors of administrative responsibility, and other related circumstances directly affecting administrative violation handling and ensuring such handling.

3. A person detained pursuant to a decision to search for the person made by a competent authority as prescribed by laws on administrative violation handling.

4. To prevent immediately acts of domestic violence as stipulated in Clause 2, Article 2 of the Law on Prevention and Control of Domestic Violence 2008.

5. To prevent a person who violates the prohibition on contact decided by the Chairman of the People's Committee at the commune level as prescribed in Article 12 of Decree No. 08/2009/NĐ-CP dated February 4, 2009 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence.

Article 2. Duration of Temporary Detention of Persons under Administrative Procedures

1. The duration of temporary detention of persons under administrative procedures shall not exceed twelve hours from the time of detaining the violator. In case of necessity, the duration may be extended but shall not exceed twenty-four hours as provided in Clause 3, Article 2 of the Administrative Procedure for Temporary Detention of Persons.

For cases of border regulation violations or administrative violations in remote mountainous, forested, and island areas, the duration of temporary detention may be extended but shall not exceed forty-eight hours from the time of detaining the violator.

The duration of temporary detention must be clearly recorded in the decision on temporary detention of persons under administrative procedures: the period of detention for how many hours; starting from what hour to what hour of the day, month, year the decision on temporary detention was issued.

In all cases, temporary detention of persons under administrative procedures must be based on a written decision by a competent authority. Arbitrary detention without a written decision is strictly prohibited.

2. The extension of the duration of temporary detention as provided in Clause 1 of this Article shall only be applied in cases where it is truly necessary, namely: additional time is required to verify and clarify the background and identity of the violator and important, complex circumstances related to the violator's act of violation to serve as grounds for deciding on administrative violation handling or to ensure such handling.

3. When the duration of temporary detention expires, the person issuing the decision on temporary detention must immediately issue a decision to terminate the temporary detention of the detainee; the decision to terminate temporary detention of persons under administrative procedures must be recorded in the Register of Persons Temporarily Detained under Administrative Procedures according to the model issued together with this Circular and must be signed and confirmed by the detainee.

The content of the decision to terminate temporary detention of persons under administrative procedures must clearly state the decision number, hour, minute, day, month, year of issuance; name, rank, position, agency, unit of the decision maker; grounds for terminating temporary detention, applicable legal provisions; reasons for temporary detention; name, date of birth, place of birth, permanent and temporary residence registration, occupation, workplace, school, ID card number (if available) of the detainee; name, father's and mother's name or guardian of the detainee (if the detainee is a minor); nationality, passport number or substitute passport (if the detainee is a foreigner); duration of detention, place of detention, reason for termination of detention; time of termination of detention; signature and stamp of the decision maker's agency. The decision to terminate temporary detention is made in two identical copies, one given to the person whose detention has expired, and one kept in the file.

4. In case the person subject to administrative custody refuses to sign or confirm, the decision maker must prepare a record or assign the person directly executing the task to prepare such a record. The contents of the record must clearly state the hour, minute, date, month, year, and location where the record was made; the name, position of the recorder; the name, profession, permanent address, workplace address of the witness; the name, address, administrative violation of the person subject to custody; the reason for the refusal to sign by the person subject to custody.

The record must be signed by the witness (if any), the recorder, and the decision maker of administrative custody and must be kept in the administrative custody file.

Article 3. Authority for Administrative Custody

1. The authority for administrative custody must be implemented strictly in accordance with the provisions of Article 7 of the Regulation on Administrative Custody. In cases where those authorized to carry out administrative custody are absent, they may delegate their authority to a deputy, and such delegation must be documented in writing.

2. The delegated person shall not further delegate this authority to another person and must comply strictly with the laws on administrative custody and bear responsibility for their administrative custody decisions before the head of their unit and the law.

Article 4. Handover and Acceptance of Persons Engaged in Administrative Violations

The handover and acceptance of persons engaged in administrative violations as stipulated in Article 8 of the Regulation on Administrative Custody shall be carried out as follows:

1. The authorized person must prepare a record of handover and acceptance of persons engaged in administrative violations with the organization or individual escorting the violator there or assign the person executing the task to prepare such a record. The record of handover and acceptance of persons engaged in administrative violations must clearly state the hour, minute, date, month, year, and location where the record was made; the name, position, and address of the handing over party and accepting party; the name, address, identification number or other personal document number of the person engaged in administrative violations; the administrative violation; the time and place of committing the administrative violation; the health condition, attitude of the person engaged in administrative violations, their property (if any), and other relevant circumstances related to the handover and acceptance of the violator; if there is a witness or victim, the record must clearly state the content of the event that they witnessed and the losses caused by the person engaged in administrative violations; the name and address of the witness and victim. The record must have the signatures of the handing over party, the accepting party, the person engaged in administrative violations, the victim, and the witness (if any); the authorized person for administrative custody signs the record of handover and acceptance of the violator. If the violator, victim, or witness refuse to sign, the recorder must clearly state the reason in the record.

The record of handover and acceptance of persons engaged in administrative violations must be prepared in two identical copies and read aloud to all parties involved in signing the record; each party retains one copy.

2. Immediately after the administrative violation is discovered, stopped, and a record of the violation is made, or after the record of handover and acceptance of persons engaged in administrative violations is made, if it is deemed necessary to impose administrative custody, the authorized person for administrative custody must immediately issue a decision for administrative custody.

If there is insufficient evidence or it is unnecessary to apply the measure of administrative custody, the person must be released immediately and all means of transportation, property, and documents (if any) returned to them if these items are not subject to the measure of temporary detention of contraband or means of administrative violation.

Article 5. Decision on Administrative Detention

The decision on administrative detention prescribed in Article 9 of the Regulation on Administrative Detention shall be implemented as follows:

1. In cases where there are sufficient grounds and it is deemed necessary to apply the measure of administrative detention against a person who has committed a violation of the law, the competent authority must immediately issue a decision on administrative detention.

The decision on administrative detention must clearly state: the decision number; hour, minute, day, month, year of issuance; full name, rank, position, agency, unit of the decision maker; basis for issuing the administrative detention decision, article and clause of applicable legal documents; reason for detention; full name, date of birth, place of birth, permanent residence registration place, temporary residence registration place, occupation, workplace, place of study, identification card number of the person under detention; full name, father's name, mother's name or guardian's name of the person under detention (if the person under detention is a minor); nationality, passport number or substitute travel document (if the person under detention is a foreigner); detention period; place of detention; right to appeal, report complaints and initiate litigation regarding the issuance of the detention decision and the implementation of this measure according to the provisions of the law; signature and stamp of the decision maker's agency. The administrative detention decision shall be made in two identical copies, one copy handed over to the person under detention, and one copy kept in the detention file.

2. In cases where it is necessary to extend the detention period as stipulated in Clause 2 of Article 2 of this Circular, before the end of the detention period stated in the decision, the competent authority shall issue a decision to extend the detention period. The content of the decision must clearly state the decision number, hour, minute, day, month, year of issuance, basis for issuing the decision, article and clause of applicable legal documents; full name, position, rank, agency, unit of the decision maker; full name, address, identification card number of the person whose detention period is being extended; place of detention; reason and extension period; rights to appeal, report complaints, and initiate litigation against the decision to extend the detention period of the person under detention according to the provisions of the law, and signature and stamp of the decision maker's agency. The decision to extend the detention period must be made in two copies, one copy kept in the detention file, and one copy handed over to the person under detention.

3. In cases where the detention period stated in the detention decision has not yet expired, but the investigation and verification have been completed, there are sufficient grounds for conclusion and the violation has been resolved, the decision maker must immediately issue a decision to terminate the administrative detention, hand over one copy to the person who was detained, keep one copy in the detention file, and record it in the administrative detention monitoring book. The content of the decision to terminate the administrative detention must clearly state the decision number, hour, minute, day, month, year of issuance, basis for issuing the decision; full name, position, rank, agency, unit of the decision maker; full name, address, identification card number or passport number or other substitute travel documents of the person whose detention is terminated; reason for termination of detention, article and clause of applicable legal documents, and signature and stamp of the decision maker's agency according to the provisions of the law.

4. When there is evidence that the act of violating the law by the person under administrative detention constitutes a criminal offense, the decision maker must immediately transfer the file and the person under detention along with the evidence and means of violation (if any) to the competent criminal procedure agency for handling according to the provisions of the law.

Article 6. Notification of the Decision to Temporarily Detain

The notification of the decision to temporarily detain a person according to administrative procedures to their family, organization, workplace, or place of study, as stipulated in Article 10 of the Regulation on Temporary Detention According to Administrative Procedures, shall be carried out as follows:

1. At the request of the person being temporarily detained and depending on each specific case, immediately after issuing the decision to temporarily detain, the person issuing the decision must notify in writing, by telephone, fax, or other means of communication about the decision to temporarily detain according to administrative procedures to the family, workplace, or place of study of the person being temporarily detained. If it is objectively impossible to make such a notification, then the person being temporarily detained must be informed, and this must be recorded in the logbook for monitoring the administratively detained person.

2. In cases where a minor who has violated administrative regulations is temporarily detained at night (from 10 PM to 5 AM the next morning) or if they are detained for more than six hours, the person issuing the decision to temporarily detain must immediately inform the parents or guardian of the minor. If the parents or guardian cannot be identified or it is objectively impossible to make such a notification, then the person being temporarily detained must be immediately informed, and the reason must be clearly recorded in the logbook for monitoring the administratively detained person.

3. In cases where the person being temporarily detained is a foreign national, the person issuing the decision to temporarily detain must immediately report to the head of the competent authority above to inform the Ministry of Foreign Affairs (for northern provinces, inform the Consular Department; for southern provinces, inform the Department of Foreign Affairs of Ho Chi Minh City) to inform the diplomatic or consular agency of the country of which the person is a citizen. At the same time, coordinate with the Ministry of Foreign Affairs to arrange for representatives of the diplomatic or consular agency of that country to visit and meet with the consul if requested, and to handle other related foreign affairs issues.

Article 7. Place of Temporary Detention According to Administrative Procedures

The place of temporary detention according to administrative procedures shall be implemented in accordance with the provisions of Article 11 of the Regulation on Temporary Detention According to Administrative Procedures, specifically as follows:

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 authority or unit where the person authorized to issue the decision to temporarily detain according to administrative procedures works. In cases where there is no administrative detention house or administrative detention cell, temporary detention may take place in the duty room or another room at the workplace, but it must comply with general regulations.

The administrative detention house or administrative detention cell must have locks, ensure lighting, ventilation, hygiene, and fire prevention and firefighting safety, and facilitate supervision and protection. Persons being temporarily detained overnight must be provided with beds or floors to lie on, and must have quilts, blankets, and mosquito nets; the minimum space for each person lying down is 2 meters.2.

2. Agencies responsible for preventing violations of the law must regularly arrange, design, and construct separate administrative detention houses or administrative detention cells, including separate places of detention for minors, women, or foreign nationals, and must have dedicated staff responsible for managing and protecting them.

The form and scale of the place of temporary detention for persons violating administrative regulations must be based on the nature, characteristics, conditions, volume of persons being temporarily detained, and the actual requirements of temporary detention for administrative violators in specific sectors and areas to arrange, design, and construct appropriately.

Article 8. Food, Drink, Living Conditions, and Management of Persons Held Temporarily

The food and drink regime for persons held temporarily under administrative procedures as stipulated in Article 14 of the Regulation on Temporary Detention under Administrative Procedures shall be implemented as follows:

1. All costs for food, drink, living conditions of persons held temporarily and care, treatment when they fall ill, or funeral expenses when persons held temporarily die during detention shall be borne by the person held temporarily or their family. In cases where the person held temporarily or their family cannot self-assure these costs, the agency or unit of the person who issued the temporary detention decision shall be responsible for ensuring them, using funds from the agency or unit with authority to detain.

The agency or unit with authority to detain must maintain records tracking the management and use of funds for persons held temporarily according to Clause 4 of this Article in accordance with current financial regulations.

2. The following situations shall be considered as the person held temporarily or their family being unable to self-assure costs:

a) The person held temporarily or their family have no money or assets.

b) The family or relatives of the person held temporarily abandon them.

c) The person held temporarily is an individual whose place of residence, family, or relatives cannot be determined, or who has no family or relatives; the family or relatives of the person held temporarily reside far from the detention location, lacking the conditions to support, supply, or care for the person held temporarily, or lack the conditions to handle the burial of the person held temporarily who dies during detention.

3. Food, drink, and living conditions for persons held temporarily.

The quantitative standards for food, drink, and living conditions for persons held temporarily shall be implemented according to Clause 2 of Article 14 of the Regulation on Temporary Detention under Administrative Procedures and should pay attention to the following points:

a) Food and drinking water provided for persons held temporarily must meet hygiene and food safety standards.

b) In cases where the health condition of the person held temporarily does not ensure adequate nutrition, according to the doctor's prescription, the authority to detain may decide to increase their food and drink allowance.

c) In cases where the person held temporarily is detained overnight, they can borrow blankets, quilts, and mosquito nets. If the person held temporarily is female, additional funds may be provided to purchase necessary items for personal hygiene.

Staff directly managing persons held temporarily are responsible for guiding and requiring them to properly maintain borrowed items; organizing the recovery and storage of borrowed property when the person held temporarily is released from detention. If the person held temporarily damages or loses borrowed items, they must compensate according to the law. In cases where the person held temporarily falls under point a of Clause 2 of this Article and damages or loses borrowed items, the staff directly managing the person held temporarily must prepare a record detailing the reasons for loss or damage, report to the competent authority to take appropriate measures.

4. The agency or unit detaining may decide to adjust the food quantity specified in Clause 2 of Article 14 of the Regulation on Temporary Detention under Administrative Procedures to suit the actual situation and taste preferences of the person held temporarily to ensure they consume the full standard. The adjustment of food quantities shall be carried out based on the request of the person held temporarily.

5. The regime for persons held temporarily who fall ill or die during detention shall be implemented according to Article 15 of the Regulation on Temporary Detention under Administrative Procedures; additionally, the following points should be noted:

a) In cases where the person held temporarily falls ill, the agency or unit detaining must take measures to treat them on-site; in cases of serious illness requiring emergency care, the agency or unit detaining must promptly organize their transfer to the nearest state or private medical facility for emergency care and treatment. When transferring the person held temporarily to a medical examination and treatment facility, a record must be prepared detailing the time of examination and treatment, the health condition of the person held temporarily, and other related issues; the record must be signed (with full name or fingerprint) by the person held temporarily, the authority to detain, and representatives of the medical facility. At the same time, the family and relatives must be immediately informed so that they can provide care. In cases where the family or relatives submit a request to bring the person home for care and it is deemed unnecessary to continue detention, the authority to detain shall issue a decision to terminate administrative detention and allow them to return home for treatment. Before releasing the person held temporarily, the authority to detain must prepare a record. The record must clearly reflect the health condition of the person held temporarily at the time of the decision to terminate administrative detention and other related issues such as property, means of transportation, money, documents, etc., of the person held temporarily; in cases where money or property deposited by the person held temporarily is lost, damaged, or destroyed, the detention location shall be responsible for compensation; the record must be signed (with full name or fingerprint) by the person held temporarily (or their family or relatives) and the authority to detain. In cases where the person held temporarily has no fixed residence, no family or relatives nearby to provide care or refuses care, the authority to detain must arrange for someone to directly provide care and manage them at the medical examination and treatment facility.

b) In cases where the person held temporarily dies during detention, the authority to detain must carry out the following actions:

- Organize protection of the scene, immediately notify the Investigative Agency, the Prosecution Office with jurisdiction, as well as immediate superiors to handle according to the law; simultaneously, inform the family and relatives of the deceased.

- Closely cooperate with the Investigative Agency, the Prosecution Office, and relevant agencies to investigate and clarify the cause of death of the person held temporarily; provide all relevant materials and information as required by the competent authority.

- In the case where the person under temporary detention who dies is a foreign national, the authority issuing the temporary detention decision must immediately report to the superior competent authority to inform the Ministry of Foreign Affairs (for northern provinces, notify the Consular Department; for southern provinces, notify the Department of Foreign Affairs of Ho Chi Minh City) or other competent state agencies, to coordinate with the diplomatic or consular agency of the country whose deceased citizen holds nationality to cooperate in handling the matter.

6. Regarding the burial of the deceased, attention should be paid to:

a) When the Investigation Agency and the Prosecutor's Office agree to allow burial, the family of the deceased shall be responsible for organizing the funeral and burial of the deceased. The authority temporarily detaining the person may arrange staff to assist the family or close relatives of the deceased during the funeral period if they request such assistance.

b) In cases where the deceased has no family or close relatives, or their place of residence cannot be determined to contact the family or close relatives, the burial of the deceased shall be handled by the agency or unit where the temporary detention took place in coordination with the local government authority where the temporary detention occurred. The burial of the deceased must be carried out carefully, seriously, and in accordance with the legal regulations on death registration procedures and environmental hygiene requirements.

c) In cases where a foreign national being temporarily detained dies, the burial and interment shall be resolved according to international treaties to which Vietnam is a party or through direct agreements on specific cases between the Government of Vietnam and the country of the deceased detainee.

In cases where there is no corresponding international treaty or the Government of Vietnam and the country of the deceased detainee cannot reach an agreement on specific cases or the nationality of the deceased cannot be determined, the burial and interment shall be carried out according to Point b Clause 5 of this Article.

d) The costs for organizing the funeral and burial of the deceased in the cases stipulated in Clause 2 of Article 8 of this Circular shall be borne by the state budget, including: one wooden coffin, one pair of long pants, one long-sleeved shirt, four meters of shroud fabric, alcohol or spirits for hygiene purposes when wrapping the body; incense, flowers, candles, and a reasonable amount of actual expenses for organizing the burial in accordance with legal regulations.

đ) The organization of the burial conducted by the agency or unit where the temporary detention took place must be documented in a record, with video recording or photographs kept in the file.

Article 9. Books and Files on Administrative Temporary Detention Work

The files on administrative temporary detention work, monitoring the administrative temporary detention process as prescribed in Article 16 of the Administrative Temporary Detention Regulation shall be implemented as follows:

1. Books tracking administrative temporary detention: all issues related to the person under temporary detention must be fully recorded in the Administrative Temporary Detention Tracking Book (according to the model issued together with this Circular).

2. Files on administrative temporary detention

When temporarily detaining a person, the authority with jurisdiction must establish a temporary detention file for monitoring, in which all relevant issues concerning the temporary detention must be fully updated, recorded, and preserved. The temporary detention file includes the following documents: administrative violation record, handover and receipt record of persons committing administrative violations, administrative temporary detention decision, temporary detention extension decision, administrative temporary detention termination decision, and other relevant documents concerning the person under temporary detention. The documents in the file must be numbered in sequence and bound into a file cover.

3. On the preservation of books and files on administrative temporary detention Books and files on administrative temporary detention work must be carefully preserved and strictly comply with legal regulations on file management, confidentiality, and preservation. It is strictly prohibited to arbitrarily erase, modify, change the content, tear, or burn books and files on temporary detention.

Article 10. Funding for the implementation of administrative temporary detention measures

1. The funding for the implementation of administrative temporary detention measures as stipulated in Article 6 of the Administrative Temporary Detention Regulation includes:

a) Funding for the preparation of files and records to support the implementation of administrative temporary detention measures;

b) Funding for the construction, repair, and upgrading of facilities where temporary detention takes place, as well as the purchase of equipment and supplies for temporary detention purposes;

c) Funding for food, drink, medical examination, and treatment for those temporarily detained; organizing funerals when they die during the period of temporary detention if the detainee or their family cannot ensure such provisions themselves;

d) Other funding for expenses serving the implementation of administrative temporary detention measures including: medication costs, hospital fees, care for sick detainees, funeral organization costs when detainees die, in cases where the detainee or their family cannot ensure such provisions themselves; costs for verifying and clarifying the identity of the detainee.

2. The funding for the implementation of administrative temporary detention measures shall be provided from the state budget and allocated in the annual budget estimates of agencies and units authorized to temporarily detain administrative violators.

The process of preparing regular funding estimates for the implementation of administrative temporary detention measures is conducted as follows:

a) Each year, agencies and units authorized to implement administrative temporary detention measures base on the requirements and tasks of temporary detention work, are responsible for preparing budget estimates for funding to ensure the implementation of administrative temporary detention measures together with the preparation of state budget estimates within the scope of their assigned functions, tasks, and authority, and submit the budget estimate report to their direct superior management agency.

b) Based on the budget estimate reports of agencies and units authorized to implement administrative temporary detention measures, the direct superior management agencies aggregate and prepare overall budget estimates to ensure the implementation of administrative temporary detention measures, and submit them for review and decision by competent authorities at various levels.

The management, allocation, utilization, settlement, and final accounting of funding for the implementation of administrative temporary detention measures from the state budget must comply with the provisions of the State Budget Law and related guiding documents.

Article 11. Effective Date

This Circular takes effect from November 20, 2010, and replaces Circular No. 26/2007/TT-BCA dated November 15, 2007, issued by the Ministry of Public Security guiding the implementation of certain articles of the Administrative Temporary Detention Regulation promulgated along with Decree No. 162/2004/NĐ-CP dated September 7, 2004, of the Government.

Article 12. Implementation Organization

1. Request the Ministers of the Ministries of National Defense, Finance, Industry and Trade, Agriculture and Rural Development, Transport, and the Chairpersons of the People's Committees of provinces and centrally-administered cities to base on the requirements and actual conditions of administrative violation prevention and control work under their jurisdiction, provide specific guidance on the implementation and direct, inspect the organization of the implementation of the Administrative Temporary Detention Regulation, relevant laws and regulations on administrative temporary detention, and the guidance provided in this Circular.

2. The Directors of the Departments of Security I, Security II, Criminal Police, Administrative Management Police for Order and Safety, Logistics and Technical Services, Criminal Enforcement Police and Judicial Assistance, Financial Department, Provincial Public Security Chiefs, Central City Public Security Chiefs, Heads of Fire Prevention, Firefighting and Rescue Departments within their respective functions and powers have the responsibility to organize the implementation and direct, guide, and inspect the implementation of this Circular. In the course of implementation, if any difficulties arise, the relevant agencies and units need to reflect these issues to the Ministry of Public Security (through the Legal Affairs Department) for timely guidance.

In the course of implementation, if any difficulties arise, the relevant agencies and units need to reflect these issues to the Ministry of Public Security (through the Legal Affairs Department) for timely guidance.

THE MINISTER
GENERAL CHIEF
(Signed)
 Lê Hồng Anh
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