Decree 57/2026/TT-BCA Regulating the Management System for Detained and Imprisoned Persons in Public Security Detention Facilities

CIRCULAR

Regulations on the Management of Detention

Persons Under Temporary Detention and Arrest

Based on Law No. 128/2025/QH15 on Temporary Detention, Arrest, and Prohibition from Leaving Place of Residence;

Based on Decree No. 02/2025/NĐ-CP dated February 18, 2025 of the Government on the Functions, Powers, Tasks, and Organizational Structure of the Ministry of Public Security, as amended by Decree No. 11/2025/NĐ-CP;

In accordance with the proposal of the Director of the Department of Temporary Detention and Arrest Management and Community Execution of the Police;

The Minister of Public Security promulgates this Circular on the management of detention for persons under temporary detention and arrest.

CHAPTER I
GENERAL PROVISIONS

Article 1. Scope of Application

This Circular stipulates the work of receiving, organizing the management of detention for persons under temporary detention and arrest; custody and armed security work at detention centers, sub-detention centers, holding cells of special economic zone public security (hereinafter referred to as detention facilities) in the People's Public Security.

Article 2. Interpretation of Terms

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

1. The number of detention is taken from the temporary detention and arrest tracking register (STG1) upon receiving a person under temporary detention or arrest.

2. Detention cell includes holding cells, detention cells, cells for persons awaiting execution of criminal penalties, cells for persons sentenced to death awaiting execution, disciplinary cells, cells for detained offenders extracted for custody, and cells for detained offenders serving temporary detention or arrest.

3. Visitation refers to the organization of meetings between a person under temporary detention or arrest and their relatives; defense counsel; competent authorities and legal representatives to exercise certain rights and obligations prescribed by law; individuals who are not relatives of the person under temporary detention or arrest, and must be approved by the authority handling the case.

CHAPTER II
WORK OF RECEIVING AND ORGANIZING MANAGEMENT OF DETENTION
FOR PERSONS UNDER TEMPORARY DETENTION AND ARREST

Article 3. Receiving persons under temporary detention and arrest

1. Detention facilities shall organize the reception of persons under temporary detention or arrest on a 24/7 basis, including holidays, public holidays, and festivals in accordance with legal provisions.

2. The receiving officer must verify information to accurately identify the person under temporary detention or arrest based on the authority's decision, order, or judgment, specifically:

a) Verify the decision of temporary detention, order, or judgment of temporary arrest, arrest warrant, and prosecution approval decisions and related documents. In cases where children under 36 months are accompanying their mother, relevant documentation proving their relationship to the person under temporary detention or arrest must be provided;

b) When a person under temporary detention or arrest is transferred from another detention facility, verify the transfer decision, decision of temporary detention, order, or judgment of temporary arrest, and attach the accompanying file if necessary;

c) For persons apprehended or surrendered in response to an arrest warrant or wanted notice, verify the arrest warrant or wanted notice; decision of temporary detention, order of temporary arrest (if applicable), and related files and documents;

d) When receiving a person with a decision for execution of criminal penalties who is outside society, or a person whose conditional early release from prison has been revoked to serve their sentence, verify the relevant decisions, files, and related documents (if any);

e) In cases where detention facilities must receive an individual due to force majeure or mission requirements, the escort commander shall propose for the head of the detention facility to decide (the proposal should specify the reason and time). The head of the receiving detention facility is responsible for reporting to the head of the Department of Temporary Detention and Arrest Management and Prohibition from Leaving Place of Residence at the local level and the leadership of the National Security Investigation Bureau, Office of the Criminal Investigation Bureau of the Ministry of Public Security regarding the special economic zone detention center, while simultaneously informing the competent procuratorate.

3. Within 48 hours from reception, if the detention facility cannot arrange for a medical officer to conduct a health examination, the head of the detention facility must extract the individual to the nearest state-run healthcare facility for a health check-up. The cost of the health examination shall be borne by the detention facility in accordance with regulations.

Article 4. Management of Detention of Persons in Custody and Arrestees

1. After receiving persons in custody and arrestees, the head of the detention facility decides on the allocation of cells; specifies sleeping arrangements and number of detainees; issues essential items to persons in custody and arrestees and children under 36 months old (if any).

2. Daily, the detention facility conducts roll calls and face checks for persons in custody and arrestees. Periodic or surprise inspections are organized to check people and belongings, cells, and detention areas.

3. When transporting persons in custody and arrestees into and out of cells, records must be kept and items checked to detect, confiscate, and handle prohibited items (if any).

4. The head of the detention facility applies professional measures and uses technical equipment as prescribed to closely monitor, manage, and supervise persons in custody and arrestees to prevent, stop, and promptly address violations of the detention facility rules.

5. Persons shall not be detained together: males with females; individuals infected with Group A infectious diseases with those who are not; death row inmates with other persons in custody or arrestees; individuals involved in the same case during investigation, prosecution, or trial stages.

Article 5. Management of Persons in Custody and Arrestees During Extraction

1. In cases where extraction is necessary for crime information handling, initiation of proceedings, investigation, prosecution, and trial:

a) When extracting persons in custody and arrestees within the detention facility area, the head of the detention facility decides to remove them from their cells and assigns staff to check and hand over the individuals to the receiving party; cooperates with management and supervision during the extraction process.

b) For extractions outside the detention facility area, responsible agencies must have a transport plan. In cases involving particularly serious crimes, repeat offenders, or death row inmates, additional personnel and resources are required for strict control and safety assurance.

2. Cases where extraction is necessary for medical examination, forensic evaluation, psychiatric evaluation:

a) For persons in custody and arrestees who require medical treatment due to illness or injury within the detention facility, the head of the detention facility decides to remove them from their cells, assigns personnel to manage and supervise closely.

b) If the medical condition or injuries exceed the capabilities of the detention facility's medical services, they must be transferred to state-run hospitals. The head of the detention facility arranges escort forces with strict 24/7 supervision; female staff are assigned for female detainees. If no separate areas exist in state-run hospitals, the head of the detention facility coordinates closely with hospital personnel.

c) For forensic and psychiatric evaluations requested by competent authorities or during case handling, relevant agencies work with the detention facility to transport persons in custody and arrestees to designated evaluation facilities as per decisions. The escort personnel are responsible for managing and supervising them during the evaluation period.

d) Medical staff from the detention facility regularly communicate with treating departments to monitor their condition and provide support when needed. If a doctor deems it unnecessary for persons in custody or arrestees to continue treatment at state-run hospitals, medical staff request discharge and transfer back to the detention facility for continued care.

3. For children under 36 months old who are with their parents in custody and need medical attention, extraction of the mother to accompany them is handled as per paragraph 2.

4. In cases where persons in custody or arrestees cannot authorize certain rights or obligations as prescribed by law, the head of the detention facility decides on extraction after obtaining consent from the handling authority and arranging escort forces for management.

Article 6. Transfer of Persons in Custody Between Detention Facilities

1. To facilitate investigative, prosecution, and trial activities, to await the execution of sentences, to ensure the safety of detention facilities, or due to a detention facility not meeting custody requirements, the Head of the Agency responsible for temporary arrest, detention, and prohibition from leaving residence shall decide on the transfer of persons in temporary arrest and detention between detention facilities.

2. The application for transfer includes:

a) A document requesting transfer (specifying reasons and escorting unit);

b) An agreement from the agency handling the case regarding cases involving other individuals;

c) An agreement from the Agency responsible for temporary arrest, detention, and prohibition from leaving residence at the receiving facility;

d) A decision transferring a case by a competent People's Procuratorate (if applicable), a decision referring a case to trial by a court (if applicable);

e) Decisions on temporary arrest, extensions of temporary arrest, orders or decisions on detention, extensions of detention still in effect; arrest warrants, self-surrender statements.

3. Transfer procedures:

a) The agency or unit requesting transfer sends the application for transfer to the competent Agency responsible for temporary arrest, detention, and prohibition from leaving residence, after which they notify the competent People's Procuratorate upon receiving a decision on transfer;

b) Upon receipt of the application for transfer, the Head of the Agency responsible for temporary arrest, detention, and prohibition from leaving residence issues a decision on transfer; in cases where no decision is issued, they must inform the requesting agency in writing with reasons;

c) The unit tasked with escorting has the responsibility to carry out the transfer within the specified time frame while ensuring safety.

Article 7. Procedures for Relatives Visiting Persons in Custody

1. Detention facilities issue visitation books and gift vouchers according to a uniform model by the Ministry of Public Security. The visitation book must be signed and stamped by the Head of the detention facility, and confirmed by the local People's Committee or Police Station with a list of relatives of persons in temporary arrest and detention.

2. Visitors must present identification documents, a visitation book, or an alternative form of confirmation. Staff responsible for handling visits check these documents and report to the Head of the detention facility for decision-making.

3. If conditions for visiting are met, the Head of the detention facility decides in writing on allowing the visit, specifying the time of the visit, and sending this decision to the agency handling the case. In cases where the agency handling the case requests monitoring or supervision during visits, the Head of the detention facility informs the agency.

4. If a person in temporary arrest or detention does not agree to a visit, staff responsible for handling visits propose that the Head of the detention facility extract them from their cell to meet directly with the visitor to confirm non-agreement and prepare a record.

Article 8. Organizing Visits for Persons in Custody

1. The organization of visits by persons in temporary arrest or detention to see relatives is conducted at the visitation room within the detention facility, which displays the rules of the facility, suggestion boxes, legal aid information boards, and has partitions with audio-visual equipment allowing communication between those in custody and visitors. The Head of the detention facility decides on specific times for visits, including holidays and festivals according to office hours.

2. Persons in temporary arrest are allowed one visit from relatives during their period of temporary arrest and once per extension of temporary arrest. Persons in detention are allowed one visit from relatives every month, with time calculated from the first day to the last day of each month. In cases where a person in temporary arrest is transferred to detention or has less than a full month of detention, they may still be visited once during that month.

3. Persons in temporary arrest and detention are allowed to meet no more than three relatives per visit; the Head of the detention facility may decide on increasing the number of relatives but not exceeding five. In cases where additional visits or non-relatives are involved, a document from the agency handling the case or a visitor request with confirmation from the agency is required.

4. The language used during visits is Vietnamese. Detention facilities arrange for staff who know foreign languages, ethnic languages, or interpreters to participate in visits and use translation equipment as per legal regulations.

5. When persons in temporary arrest, detention, and their relatives have civil transaction requests, the agency handling the case shall cooperate with the detention facility to resolve these according to legal provisions.

6. Detention facilities are responsible for organizing meetings between defense counsel and persons in temporary arrest or detention as per regulations. In cases where the agency handling the case requires monitoring or supervision of visits, the Head of the detention facility informs the agency to coordinate resolution.

7. If a person in temporary arrest, detention, or their visitor violates the rules of the detention facility or visitation regulations during the visit, management staff must immediately stop the visit, prepare a record, and report to the Head of the detention facility for handling according to regulations.

8. The Head of the detention facility arranges personnel and manages supervision of visits by persons in temporary arrest or detention with their relatives and defense counsel. For those in temporary arrest or detention who have committed particularly serious crimes or are repeat offenders, the Head of the detention facility must strengthen staff and closely monitor to ensure absolute safety.

Article 9. Management of Detention for Persons Condemned to Capital Punishment

1. After the court pronounces a death sentence, the head of the detention facility must issue a decision on arranging the detention in a cell for persons condemned to capital punishment. The cell for persons condemned to capital punishment shall be equipped with a security control system and technical devices to ensure strict and meticulous management and supervision.

2. In case a person condemned to capital punishment exhibits signs of escape, self-harm, suicide, or any other dangerous behavior, the head of the detention facility decides on leg irons and the timing, frequency of unshackling during the day. Every day, staff assigned shall inspect the cell, the leg irons; opening and closing of cells, and unshackling of legs are carried out directly by security officers, with at least two officers performing management and supervision duties to ensure absolute safety and record in accordance with regulations.

3. The head of the detention facility arranges a separate visiting room for persons condemned to capital punishment, assigns staff, equipment, and devices for strict management and supervision, ensuring absolute safety.

4. When transporting a person condemned to capital punishment out of the cell, the detention facility must use tools to support strict management. In cases of transfer, transfer, or extraction of a person condemned to capital punishment from the detention facility, the prison warden reports to the head of the agency responsible for temporary custody and house arrest and prohibits departure from residence directly or to relevant authorities for instructions and organization of escort forces to ensure absolute safety.

5. In cases where a person condemned to capital punishment must serve multiple sentences, management and detention shall be arranged at the prison facility in the competent people's court jurisdiction where the death sentence is carried out to ensure the execution of the sentence.

Article 10. Management, Storage, Utilization, and Use of Temporary Custody and Detention Files

The management, storage, utilization, and use of temporary custody and detention files are conducted in accordance with the regulations on business file work by the Ministry of Public Security.

Chapter III

MANAGEMENT WORKS IN DETENTION FACILITIES
Article 11. Arrangement of Custody Management Personnel at Detention Facilities

1. The head of the detention facility decides on the arrangement of personnel meeting the standards of People's Armed Police officers and non-commissioned officers in accordance with legal provisions and those by the Ministry of Public Security.

2. Detention facilities must ensure the arrangement of female staff for custody management to manage women who are temporarily detained or imprisoned.

Article 12. Duties of Custody Management Personnel

1. Custody management personnel are responsible for managing persons temporarily detained and imprisoned in the cells assigned to them. They shall conduct roll calls, face checks, inspections of detention areas, and cell rooms according to regulations.

2. Propose classification and management of persons temporarily detained or imprisoned, arrange cells, and specify sleeping arrangements. Grasp the situation and related information about persons temporarily detained or imprisoned for custody management work, prevent timely violations of law and breaches of detention facility rules. Report promptly to the shift commander on the status of the cell managed by them. Directly manage keys assigned to their responsibility, not delegate keys to those without responsibilities. Do not open more than two cells simultaneously in the same detention area except in special circumstances such as fire, natural disasters, or emergency medical transport. When opening a cell, ensure support and absolute safety.

3. Promote, guide, and explain legal provisions related to temporary custody and imprisonment to persons temporarily detained or imprisoned. Ensure that persons temporarily detained or imprisoned exercise their rights and obligations according to the law. Receive complaints, appeals, appeals, and grievances from persons temporarily detained or imprisoned regarding commutation of capital punishment sentences for reporting to the head of the detention facility for resolution in accordance with regulations.

4. Apply professional measures to manage temporary custody and imprisonment. Conduct educational and advisory measures to stabilize thoughts of persons temporarily detained or imprisoned, fully and truthfully report their own and others' criminal behavior, strictly adhere to detention facility rules.

5. Coordinate with relevant departments to ensure the implementation of regulations for persons temporarily detained or imprisoned and children under three years old staying in the detention facility; organize reading newspapers, listening to current affairs, policies, laws, radio broadcasts, and watching television according to regulations.

6. Custody management personnel must record the status of cells and persons temporarily detained or imprisoned in logs as a basis for evaluating their compliance with detention facility rules and other requirements of custody and education work. Every three months, custody management personnel are responsible for evaluating the compliance with detention facility rules by persons temporarily detained. In cases where persons temporarily detained transfer to another detention facility, custody management personnel must evaluate their compliance with detention facility rules, with confirmation from the head of the detention facility.

7. Fulfill other tasks assigned by the head of the detention facility.

7. Perform other tasks as assigned by the Director of the Detention Facility.

Article 13. Powers of Custody Officers

1. While performing their duties, custody officers may apply investigative measures, use weapons, auxiliary tools, technical means, and scientific technology in accordance with the provisions of law and the Ministry of Public Security.

2. Conduct inspections of persons, items, personal belongings of those temporarily detained or imprisoned when entering or leaving the detention cell; cooperate with security forces to carry out regular and surprise inspections of the detention area, cells, inspecting people, items, personal belongings, sleeping areas, checking gifts, letters, books, documents assigned to their responsibility according to decisions by the head of the detention facility.

3. Propose transferring detainees or prisoners from one cell to another when necessary to ensure safety in custody management and meet the requirements for investigation, prosecution, and trial work.

4. Propose disciplinary actions, extensions of disciplinary periods, or reductions in disciplinary periods for detainees or prisoners under their responsibility who violate the Detention Facility Rules.

Chapter IV
ARMED PROTECTION OF DETENTION FACILITIES

Article 14. Activities of Armed Protection at Detention Facilities

1. The head of the detention facility is responsible for organizing armed protection around the clock (24/24 hours), including activities such as developing and implementing security plans, guarding, patrolling, controlling, inspecting, and searching to ensure the safety and security of the detention facility.

2. Officers and soldiers must carry out their assigned tasks in accordance with the armed protection activities at the detention facility. They must absolutely obey orders from superiors and implement approved plans; report promptly and fully on any developments when performing their duties.

3. When carrying out armed protection activities, officers and soldiers are authorized to inspect and control people, vehicles, items, personal belongings, and documents of those entering or leaving the detention facility; detect, prevent, and report violations of custody management regulations to the head of the detention facility for handling; may use weapons, auxiliary tools, and technical means in accordance with laws and instructions from the Ministry of Public Security.

Article 15. Development of Security Plans for Detention Facilities

1. The head of the detention facility shall direct the development of security plans, submit them to competent authorities for approval, and implement them. The plan must be adjusted and supplemented in a timely manner to meet actual requirements and ensure the safety and security of the detention facility. Temporary holding cells of special administrative regions are part of the security plan for such regions.

2. The plan should identify protected targets, allocate forces, assign tasks; specify weapons, auxiliary tools, necessary technical means, conditions for ensuring safety, command and control work; coordination, mobilization of forces; information reporting system.

3. The plan must be disseminated, explained to all units, officers, and soldiers. Annually, there should be a plan and organized practical exercises or drills.

4. Approval responsibilities:

a) Director of the Investigation Security Bureau, Chief of the Office of the Criminal Investigation Department of the Ministry of Public Security approves security plans for detention centers and sub-detention centers under their management;

b) Heads of provincial detention and custody management agencies approve security plans for detention centers and sub-detention centers under their jurisdiction.

Article 16. Provisions on Guarding

1. Lookouts and sentry posts are combat positions of the security forces protecting detention facilities constructed according to the design model of the Ministry of Public Security for the purpose of controlling and supervising all activities of persons under temporary arrest, persons in custody, and other subjects around the detention facility. The arrangement of lookouts and sentry posts shall be carried out as follows:

a) Lookout posts are arranged at positions suitable to ensure observation and control both inside and outside the target area;

b) Sentry posts are positioned at entrances and exits of the detention facility, detention areas, and other necessary areas within the detention facility.

2. The head of the detention facility must arrange for security personnel, equip them with weapons, auxiliary tools, and means to support guarding; specify shift times, with each shift not exceeding two hours, daytime from 6:00 to 22:00, night time from 22:00 to 6:00 of the following day, without assigning one person to two consecutive shifts. The head of the detention facility decides on adjusting shifts in accordance with the staffing, custody requirements, weather and climatic conditions.

3. Duties of the guard shift

a) Master the security plan for the detention facility, positions, characteristics of targets, scope of guarding and protection, as well as requirements and tasks assigned to each lookout post and lookout tower, forms, methods, and communication measures;

b) The commander of the guard shift is responsible for inspecting personnel to ensure they comply with regulations, procedures, and tasks; decide on reinforcing security personnel or involving additional support forces when necessary or in case of emergencies;

c) Strictly obey orders and tasks assigned. Coordinate closely with other forces within the detention facility to implement plans and schemes;

d) Master the situation during the shift; promptly handle incidents according to the plan and responsibilities assigned; manage and use weapons, auxiliary tools, equipment in accordance with procedures and regulations. Report the situation during the shift in the guard logbook and hand it over to the next shift.

Article 17. Provisions on Patrols and Control

1. The head of the detention facility must develop a plan, organize forces, equip them with weapons, auxiliary tools, and means for daily patrols and control; ensure supervision of people entering and exiting the detention facility, detention areas, and surrounding areas; intensify patrols in key areas, detention zones, and cells.

2. Duties of patrol and control

a) The commander of the patrol team must understand the objectives, requirements, and tasks outlined in the plan, determine appropriate patrol methods, disseminate, implement, and assign tasks to participating personnel;

b) Directly inspect and control personal documents, belongings, and means of transportation of people entering and exiting the detention facility according to regulations; handle incidents that occur during patrols; report any matters beyond authority immediately to higher command;

c) Coordinate and support in fulfilling management tasks within the detention facility;

d) Maintain order and social safety in the area where the unit is stationed;

e) Execute orders and work requirements from higher commands.

Article 18. Provisions on Inspection and Search

1. Daily, the head of the detention facility shall arrange personnel to perform inspection and search duties for persons and items, personal belongings of those temporarily detained or imprisoned when they enter or leave the detention area, cell; roll call and inspect the identity of those temporarily detained or imprisoned; inspect detention facilities to promptly identify security risks that may compromise the safety of the detention facility.

2. The head of the detention facility must develop a plan and issue a decision for periodic comprehensive inspections and searches at least once a month for temporary detention centers, and twice per month for each sub-temporary detention center.

3. When there are signs or evidence indicating that those temporarily detained or imprisoned have hidden, stored, used items listed in the Prohibited Items Catalogue for bringing into the detention area, or as part of routine business requirements or management needs, the head of the detention facility and the superior temporary detention or imprisonment management authority may decide to conduct a surprise inspection and search.

4. The organization of inspections and searches must comply with legal provisions. Upon discovering violations, a record should be made, items from the Prohibited Items Catalogue that are found should be seized, and proposals for handling according to regulations should be submitted. In cases where necessary, audio and video recording equipment may be used to document events for preservation, exploitation, or processing.

Article 19. Roll Call and Inspection of Those Temporarily Detained or Imprisoned

The head of the detention facility shall assign personnel to cooperate with cell management officers in conducting roll call and inspection of those temporarily detained or imprisoned. Roll call and inspections must be conducted daily, or on a surprise basis when required.

Article 20. Use of Technical Equipment and Operational Means to Support Armed Security for Detention Facilities

The detention facility shall be equipped with and install technical equipment and operational means to manage, monitor, and protect targets. Management, operation, utilization, maintenance, and upkeep are carried out in accordance with the Ministry of Public Security's regulations.

Chapter V
CONDITIONS FOR IMPLEMENTATION

Article 21. Effective Date

1. This Circular takes effect from July 1, 2026.

2. The Ministry of Public Security Circular No. 22/2016/TT-BCA dated June 16, 2016, on detention management in temporary detention centers and detention facilities; the Ministry of Public Security Circular No. 27/2016/TT-BCA dated June 28, 2016, on armed security for detention facilities; the Ministry of Public Security Circular No. 33/2017/TT-BCA dated September 19, 2017, on receiving and managing those temporarily detained or imprisoned; and the Ministry of Public Security Circular No. 34/2017/TT-BCA dated September 19, 2017, on organizing visits by those temporarily detained or imprisoned to their relatives, receiving gifts, sending, and receiving letters, books, newspapers, and documents shall cease to be effective from the date this Circular takes effect.

Article 22. Implementation Responsibilities

1. Heads of units under the Ministry, provincial public security directors; heads of detention management authorities at all levels in the People's Public Security Forces are responsible for organizing the implementation of this Circular within their functions, duties, and authority.

2. The Director of the Detention Management and Community Correction Police Bureau is responsible for monitoring, guiding, and inspecting public security units and localities in implementing this Circular.

3. During the implementation process, if any difficulties arise, public security units and localities shall report to the Ministry (through the Detention Management and Community Correction Police Bureau) for timely guidance.