This Circular stipulates prohibited items to be brought into prisons, temporary detention centers, and holding facilities, as well as the procedures for confiscation and handling of such items. It applies to prisons, inmates serving sentences in prisons, and related organizations and individuals. This Circular provides detailed regulations on types of prohibited items, procedures for confiscation, preservation, and handling of such items.
适用范围
Prisons, inmates serving sentences in prisons, and organizations and individuals related to the confiscation and handling of prohibited items.
要点
- Prisons are not permitted to allow inmates to bring into the prison weapons, explosives, auxiliary tools, anesthetics, poisons, narcotics, alcohol, metallic utensils, and various other documents.
- Upon discovering that an inmate has brought prohibited items into the prison, officers responsible must prepare a record, seal the prohibited items, and preserve them intact.
- Confiscated prohibited items will be handled according to specific regulations: Vietnamese currency, foreign currencies, gold, silver... will be confiscated and deposited into the state treasury; other types of items will be destroyed or transferred to competent authorities.
- Prisons must establish a Committee for Handling Prohibited Items with the Warden as Chairperson and Deputy Chairpersons and members.
- Records of the handling of confiscated prohibited items must be kept in the inmate's file and duplicated at the Investigation Team.
🌐 本文件的社会影响
- Positive impact: Minimizing the risk of using weapons and auxiliary tools to disrupt order within the prison.
- Negative impact: It may cause difficulties for inmates who need to carry certain personal items.
- Inmates may have their ownership and use of certain types of property restricted.
❓ 常见问题
What types of items are defined as prohibited from being brought into prisons?
Prohibited items include weapons, explosives, auxiliary tools, anesthetics, poisons, narcotics, alcohol, metallic utensils, and various other documents (see Article 3).
What actions should be taken when it is discovered that an inmate has brought prohibited items into the prison?
Officers responsible must prepare a record, seal the prohibited items, and preserve them intact (see Article 4).
How will confiscated prohibited items be handled?
Vietnamese currency, foreign currencies, gold, silver... will be confiscated and deposited into the state treasury; other types of items will be destroyed or transferred to competent authorities (see Article 5).
How must prisons establish a Committee for Handling Prohibited Items?
The Committee for Handling shall be chaired by the Warden, with the Deputy Wardens responsible for investigation and ward management as Vice-Chairpersons; the Investigation Team Leader, Records-Education Officer, Security Police Commander, Finance-Supply Officer, and Medical Officer as members (see Article 5).
How must records of confiscated prohibited items be stored?
Records must be kept in the inmate's file and duplicated at the Investigation Team in accordance with file management regulations (see Article 6).
全文
CIRCULAR
Regulations on Prohibited Items to be Brought into Prisons and the Seizure and Handling of Such Items
_______________________
Based on the Criminal Enforcement Law 2010;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
After reaching consensus with the Ministry of Finance, the Ministry of Public Security hereby stipulates regulations on prohibited items to be brought into prisons and the seizure and handling of such items as follows:
Article 1. Scope of Regulation
This Circular stipulates on prohibited items to be brought into prisons, temporary detention centers, and holding houses (hereinafter referred to as prohibited items) and the seizure and handling of such items.
Article 2. Applicability
This Circular applies to prisons, temporary detention centers, and holding houses of the People's Public Security (collectively referred to as prisons), convicts serving their sentences at prisons, and organizations and individuals related to the seizure and handling of prohibited items.
1. Military weapons, hunting guns, crude weapons, sports weapons, and other similar weapons; explosive materials.
1. Types of weapons and explosive materials: Military weapons of all kinds; various hunting guns, crude weapons, sports weapons, and other types of weapons with similar functions and effects; grenades, mines, and various types of explosives.
2. Support tools: Various types of plastic bullet guns, rubber bullet guns, tear gas guns, suffocating gas guns, poison guns, anesthesia guns, magnetic field guns, laser guns, signal flares, and ammunition for these types of guns; various types of tear gas sprays, suffocating gas sprays, poison sprays, anesthesia sprays, itching sprays; smoke grenades, tear gas grenades, explosive grenades; electric batons, rubber batons, metal batons, caltrops, barbed wire belts, bulletproof vests, handcuffing gloves, bulletproof helmets, and other support tools.
4. Narcotics, precursor substances for narcotics, addictive drugs, and psychotropic drugs.
4. Narcotics and new drugs containing addictive components.
5. Alcohol, beer, and other stimulants.
6. Metal-made items and other objects such as: Belts, electrical wires, guitar strings, ceramic-made items, stone-made items, glass-made items, water bottles, sharp objects, and objects that can be used as weapons.
7. Vietnamese currency, foreign currencies, valuable certificates, gold, silver, precious stones, and precious metals.
8. Other types of documents: Identity cards, passports, household registration books, vocational qualification certificates, diplomas, certificates, and other certification documents.
9. Technical and electronic equipment: Audio recording devices, video recording devices, audiovisual devices, telephones, walkie-talkies.
10. Publications: Foreign language books, newspapers, religious and belief publications未经许可不得传播；迷信、反动、淫秽的图片、照片、电影、磁带和光盘；以及可能对罪犯管理教育工作产生不良影响的纸牌和其他出版物。
11. Other items that may cause safety hazards in the prison, harm the prisoner themselves or others, negatively impact environmental hygiene, or be used for gambling purposes.
1. When discovering convicts, individuals, or organizations bringing in, storing, or using prohibited items within detention facilities, responsible officers must record the violation in a report and temporarily seize the prohibited items, noting the statements of the violator and witnesses. In the seizure report, the actual condition of the quantity, weight, type, shape, size, color, and other characteristics of the prohibited item must be accurately described, and the item must be sealed (if sealing is required).
1. When a convict brings prohibited items into a prison, the responsible staff member of the prison must prepare a record, note the confession of the convict who violated the rule and the witness statement. The record must accurately describe the actual quantity, weight, type, shape, size, color, and other characteristics of the prohibited item; simultaneously seal the prohibited item (for items requiring sealing).
2. Seized prohibited items must be kept intact, with complete handover records and detailed bookkeeping, without loss or damage.
3. Prisons, temporary detention centers, and holding houses have the responsibility to arrange storage facilities and staff to manage prohibited items according to regulations.
Article 5. Handling of Prohibited Items
1. For acts of bringing prohibited items into prisons that require criminal prosecution, the Warden of the Prison, the Warden of the Temporary Detention Center, or the Head of the Criminal Investigation Department of the Public Security Office at the county level shall issue a decision to initiate a criminal investigation and conduct preliminary investigative activities as prescribed, then transfer the case to the competent investigative authority for handling in accordance with the law.
2. For prohibited items that are Vietnamese currency, foreign currencies, valuable certificates, gold, silver, precious stones, and precious metals as stipulated in Clause 7 of Article 3 of this Circular, they shall be confiscated and surrendered to the state treasury; the confiscation and surrender to the state treasury shall be carried out in accordance with Circular No. 166/2009/TT-BTC dated August 18, 2009 of the Ministry of Finance on guiding the handling of certain types of assets confiscated and surrendered to the state treasury and assets established as state-owned property.
3. In cases where there are suspicious signs indicating that prohibited items may be toxic substances, radioactive substances, narcotics, or counterfeit Vietnamese currency, foreign currencies, valuable certificates, gold, silver, precious stones, and precious metals, the Warden of the Prison, the Warden of the Temporary Detention Center, or the Head of the Criminal Enforcement Department of the Public Security Office at the county level shall prepare a document requesting the competent authority to conduct an appraisal and handle it in accordance with the law.
4. For prohibited items as stipulated in Clauses 5, 6, 9, and 10 of Article 3 of this Circular, they shall be destroyed; for prohibited items as stipulated in Clauses 1, 2, 3, and 4 of Article 3 of this Circular, a record shall be prepared and transferred to the competent authority for handling in accordance with the law; for prohibited items as stipulated in Clause 8 of Article 3 of this Circular, they shall be stored in the warehouse and returned to the convict upon completion of their sentence.
5. The handling of prohibited items must establish a Handling Committee, chaired by the Warden of the Prison or the Warden of the Temporary Detention Center, with the Deputy Warden in charge of surveillance and the Deputy Warden in charge of the prison section as Vice Chairmen; the Head of Surveillance, the Head of Records and Education, the Commandant of the Security Police, the Financial and Logistics Officer, and the Medical Director as Members; in holding houses, the Chairman shall be the Chief of the Public Security Office at the county level, the Deputy Chairman shall be the Head of the Civil Enforcement Department of the Public Security Office at the county level, and the custodian of the holding house shall be a Member.
Article 6. Documents for handling prohibited items
1. Files on handling seized prohibited items include:
a) Record of confiscation and sealing (if necessary) of prohibited items;
b) Record of statements from offenders and witnesses;
c) Self-criticism report of the offender;
d) Report of officers seizing prohibited items;
đ) Recommendation report on disciplinary measures for violating inmates;
e) Disciplinary decision;
g) Record of handling prohibited items (record of handover, destruction of prohibited items).
2. The documents for handling confiscated prohibited items must be kept in the prisoner's file and a copy retained for management at the Investigation Unit according to the regulations on file management.
Article 7. Implementation Provisions
1. This Circular takes effect from September 26, 2011.
2. Directors of General Departments, Heads of Units under the Ministry, Provincial Police Chiefs, Chief Wardens of prisons and detention centers, Heads of criminal enforcement agencies at the county level shall be responsible for implementing this Circular.
3. The Director of the General Department of Criminal Enforcement and Judicial Assistance shall be responsible for organizing the implementation and guiding and supervising the implementation of this Circular.
4. During the implementation of this Circular, if there are difficulties or obstacles arising, local police units shall report to the Ministry (through the General Department of Criminal Enforcement and Judicial Assistance) for timely guidance./.
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