Circular No. 58/2026/TT-BCA Regulating Internal Rules for Detention Facilities and List of Prohibited Items to be Brought into Detention Areas

CIRCULAR

Regulations on the Rules of Detention Facilities and Prohibited Items for Entry into Detention Areas

BASED ON THE LAW ON TEMPORARY DETENTION AND ARREST AND PROHIBITION OF LEAVING RESIDENTIAL AREAS NO. 128/2025/QH15;

BASED ON DECREE NO. 02/2025/NĐ-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT REGULATING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY AS AMENDED AND SUPPLEMENTED BY DECREE NO. 11/2025/NĐ-CP;

IN ACCORDANCE WITH THE PROPOSAL OF THE DIRECTOR OF THE BUREAU OF TEMPORARY DETENTION, ARREST, AND COMMUNITY EXECUTION;

THE MINISTER OF PUBLIC SECURITY ISSUES THIS CIRCULAR REGULATING THE RULES OF DETENTION FACILITIES AND THE LIST OF PROHIBITED ITEMS FOR ENTRY INTO DETENTION AREAS

CHAPTER I.

GENERAL PROVISIONS
Article 1. Scope of Application

This Circular regulates the Rules for Detention Facilities, Sub-detention Facilities, and Holding Cells within Public Security Special Zones in the People's Public Security (hereinafter referred to as detention facilities); the list and procedures for identifying, confiscating, and handling prohibited items that are not allowed to be brought into the detention area.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be interpreted as follows:

1. Prohibited items for entry into the detention area refer to items that when brought into the detention area, persons under temporary detention or arrest and others may use to violate the Rules of the Detention Facility, contravene laws, or obstruct the execution of temporary detention, arrest, investigative activities, prosecution, trial, and enforcement.

2. The list of prohibited items for entry into the detention area refers to a list of items that are not allowed to be brought into the detention area except those items approved by the head of the detention facility for use in management requirements, implementing regulations for persons under temporary detention or arrest, or supporting investigative, prosecution, trial activities, managed and used to ensure security and safety.

Article 3. Displaying the Rules of Detention Facilities and List of Prohibited Items

The Rules of Detention Facilities and the list of prohibited items for entry into the detention area must be displayed in the detention facility, reception points, visitation areas, places where persons under temporary detention or arrest interact with agencies, organizations, and individuals as prescribed.

CHAPTER II

RULES FOR DETENTION FACILITIES
Article 4. Regulations for Persons Under Temporary Detention or Arrest

1. Persons under temporary detention or arrest must strictly comply with the following regulations:

a) Decisions, orders, judgments, and management rules; they must absolutely obey inspections, controls, roll calls, face checks, commands, requests, and instructions from authorities responsible for managing and executing temporary detention or arrest;

b) Time for activities, maintaining order and hygiene. Males must keep short haircuts, not have beards or moustaches, females must tie their hair neatly. Only clothing, bedding, blankets, essential personal items, and items for children under 36 months of age (if applicable) may be brought into the holding cell; if lacking, the detention facility will provide them on loan;

c) Accepting gifts, sending or receiving letters, books, newspapers, and documents must be inspected and approved by the detention facility according to regulations. Assistance in providing material support for other persons under temporary detention or arrest requires approval from the head of the detention facility;

d) Use Vietnamese language in communication (except for foreign nationals, ethnic minorities who do not know Vietnamese, or individuals with speech disabilities). When meeting officials, visitors, or performing tasks, greet and address officials as "I" and "officer," and guests as "I" and "esteemed guest." Persons under temporary detention or arrest should use appropriate terms of address based on age and gender when communicating with each other;

e) Report promptly and truthfully to the officer any violations of the Rules of Detention Facilities, personal illness, injury, or damage to oneself or others, as well as situations that may affect security and safety in the detention facility. If seeing someone in imminent danger, if possible, immediately provide assistance.

2. Prohibited behaviors:

a) Damaging detention facilities, intentionally damaging property of the detention facility or others; organizing escapes or fleeing from the detention area;

b) Opposing, obstructing, inciting, persuading, enticing, coercing, or forcing others to oppose or obstruct compliance with the Rules of Detention Facilities and legal regulations;

c) Attempted suicide or assisting others in committing suicide; self-inflicted injuries or intentionally causing injury to others; tattooing oneself or others; assaulting or threatening, intimidating, harassing, humiliating, or abusing others; appropriating property or assets of others; hiring or coercing others to perform work for oneself or others; making uncivilized remarks or actions that insult the honor and dignity of others; all forms of same-sex relationships, sexual activities, or indecent acts;

d) Bringing in, storing, using, or creating prohibited items listed for entry into the detention area; using fire or electricity illegally; bringing in or keeping animals within the detention area;

e) Forming groups, cliques, or factions under any form; engaging in unauthorized communications; causing disturbances or compromising security and order;

f) Possessing, using, and disseminating subversive, immoral cultural or ideological content; conducting illegal religious activities; practicing fortune-telling or superstition in any form;

g) Engaging in gambling, organizing gambling, buying, selling, exchanging, lending, or borrowing with others;

h) Arbitrarily changing sleeping arrangements, writing, drawing on walls, doors, or other locations within the holding cell.

3. Persons under temporary detention or arrest must comply with the provisions of paragraphs 1 and 2 throughout their management period in the detention facility and during extraction, escorting, or transportation outside the detention facility.

h)擅自改变监禁房间内墙壁、门或其他位置的书写、绘画、粘贴行为。

3. 被临时羁押人员和被临时拘留人员在监管期间以及在从监禁场所提取、押解或带离监禁场所时，必须遵守本条第一款和第二款的规定。

Article 5. Provisions for Visitors, Contacts, or Work

1. When visiting a detention facility, one must present full identification documents, wear appropriate and neat attire; when working, wear the prescribed uniform of the workplace. Adhere to the instructions of the staff at the detention facility, strictly follow the regulations regarding visitation, contact, and work positions, times, maintain civilized and courteous behavior, and preserve environmental hygiene; upon completion of the designated time, one must not remain in the detention facility without permission.

2. Do not bring into or use, nor allow others to use, any items listed as prohibited within the detention facility area. Only bring into the detention area types of documents, equipment, or other items serving the purpose of visitation, contact, or work according to regulations. For items on the list of prohibited items but are legal personal property, they must be stored at the detention facility's storage location.

3. Do not擅自进入拘留区、接触、接收或转交物品、文件，与被拘留者交换信息。在拘留设施使用通讯设备、拍照、录音、录像、采访必须得到主管领导的同意。

4. Do not exploit visitation, contact, or work to gather, propagate, incite, disrupt public security and order, or obstruct investigative, prosecution, or judicial activities. Avoid uncivilized speech or behavior that insults the reputation and dignity of duty-performing officials and others; nor assist or encourage the detained individuals to violate detention facility rules.

Article 6. Provisions for Detention Facility Staff

1. Strictly comply with legal regulations regarding management and enforcement of temporary custody and detention.

2. Strictly prohibit entering the detention area, cells, contacting or exchanging information with detained individuals, or providing related information to organizations or individuals without authorization from a competent authority.

3. Do not bring into, use, or allow others to bring in, use any items listed as prohibited within the detention facility area, except for equipment, devices, or other items serving work purposes according to regulations.

4. Do not borrow, lend, buy, sell, exchange, receive, or transfer money, gifts, items, letters, information of detained individuals, their relatives, or others related to detained individuals for personal gain.

5. Do not assist, conceal, or force detained individuals and others to violate detention facility rules or affect investigative, prosecution, judicial activities, and enforcement actions.

Article 7. Handling of Violations

Persons in temporary custody, those in detention, relevant organizations, and individuals who violate the provisions of Articles 4, 5, and 6 of this Circular will be subject to handling according to the provisions of the Law on Temporary Custody, Detention, and Prohibition from Leaving Place of Residence and other related laws.

Chapter III
LIST OF PROHIBITED ITEMS TO BE BROUGHT INTO THE DETENTION AREA AND PROCEDURES FOR DISCOVERY, SEIZURE, AND HANDLING OF PROHIBITED ITEMS

Article 8. List of Prohibited Items

1. Types of weapons, explosive materials, explosives, precursors to explosives, and tools that support them.

2. Sedatives, toxins, toxic gases, radioactive substances, harmful chemicals, and dangerous substances.

3. Narcotics and precursor chemicals.

4. Flammable materials and fire starters.

5. Electronic devices, personal communication equipment, recording and video devices, except for electronic devices used in healthcare to ensure the health of persons under temporary detention or custody such as hearing aids, defibrillators, and other similar devices in accordance with healthcare laws and with the consent of the head of the detention facility.

6. Metal, porcelain, ceramic, stone, glass items, hard and sharp objects, and ropes that can be used for suicide, breaking cells, escaping from custody, causing injury or harm to the health or life of persons under temporary detention or custody or others.

7. Books, newspapers, publications not printed or issued legally; books, newspapers, documents, paintings, photographs, films, audio-visual materials with content that opposes the Socialist Republic of Vietnam's State, illegal proselytism, superstition, and immorality; books, newspapers, documents (printed, written, drawn, or in any other form) that affect the management of persons under temporary detention or custody; tools and equipment used for gambling in any form.

8. Papers, pens, ink (except with the consent of the head of the detention facility).

9. Alcohol, beer, alcoholic beverages, and other stimulants; tobacco products, electronic cigarettes; medications for prevention or treatment that have not been approved by the head of the detention facility.

10. Fresh or pre-prepared food items that do not meet storage conditions and cannot ensure food safety in accordance with food safety laws.

11. Vietnamese currency, payment cards, foreign currencies, negotiable instruments, gold, silver, precious stones, other precious metals.

12. Other items that may cause security risks at the detention facility, harm to persons under temporary detention or custody and others, affect environmental hygiene, health of persons under temporary detention or custody, or be used for violations of internal rules or laws.

Article 9. Discovery and Seizure of Prohibited Items

1. When prohibited items are discovered in the detention area, staff responsible shall immediately seize them, prepare a record, and document the statements of the violator and witnesses (if any). In cases where it is not possible to determine who introduced, stored, or used the item during seizure, there must be a witness present; for items seized within cells, the witness is the person under temporary detention or custody.

2. The record must specify the quantity, type, shape, size, color, condition, and any other distinguishing features of the seized items. Items suspected to be gold, silver, precious stones, or other precious metals, as well as narcotics, must be sealed with signatures or fingerprints from the violator, witness, or observer.

3. After preparing the record, staff shall secure and report to the head of the detention facility for verification and handling in accordance with regulations.

4. The transfer and receipt of prohibited items must be recorded in a logbook.

Article 10. Handling of Prohibited Items

1. Prohibited items specified in Clauses 1, 2, and 3 of Article 8 of this Circular shall be immediately transferred to the competent authority for handling in accordance with the provisions of law.

2. Prohibited items specified in Clauses 4, 5, 6, and 7 of Article 8 of this Circular, after their seizure, must undergo inspection, verification, and clarification; if there are signs of criminal activity or prohibited items that the detention facility is unable to inspect and verify the content and data within, after completing the file, they shall be transferred to the competent authority for handling in accordance with the provisions of law. In cases where there are no signs of criminal activity, for prohibited items specified in Clauses 4, 6, and 7 of Article 8 of this Circular, a file shall be established and organized for destruction; for prohibited items specified in Clause 5 of Article 8 of this Circular, they shall be preserved, sealed, and transferred back to the owner or transferred to the subject after being released. They will then be transferred to the detention facility.

3. Prohibited items specified in Clauses 8, 9, 10, and 12 of Article 8 of this Circular shall have the Director of the detention facility issue a decision and organize their destruction.

4. Prohibited items specified in Clause 11 of Article 8 of this Circular, after their seizure, must undergo inspection, verification, and clarification; if there are signs of criminal activity, after completing the file, they shall be transferred to the competent authority for handling in accordance with the provisions of law. In cases where there are no signs of criminal activity, if the owner can be identified, they shall be preserved, sealed, and transferred back to the owner or processed for custody and transferred to the subject after being released, then transferred to the detention facility. If the prohibited items cannot be verified as belonging to any owner through investigation, notification and transfer shall be made to the local police station for handling in accordance with the provisions of law.

5. The destruction of prohibited items must establish a Committee; for temporary detention camps, the Warden serves as Chairman, one Deputy Warden as Vice-Chairman, heads of various business teams and camp hospital directors as members, and personnel assigned to handle prohibited item disposal as secretary; for sub-camps, the deputy warden in charge of the sub-camp serves as chairman, head or deputy head of the sub-camp as member, and personnel assigned to handle prohibited item disposal as secretary; for special zone detention cells, the chief of the special zone police serves as chairman, cell head as member, and personnel assigned to handle prohibited item disposal as secretary. The Director of the detention facility shall decide on the time and quantity of items to be destroyed.

Chapter IV
CLAUSES FOR IMPLEMENTATION

Article 11. Effective Date of Implementation

1. This Circular shall come into effect from July 1, 2026.

2. The Circular No. 32/2017/TT-BCA dated September 19, 2017, by the Minister of Public Security on the list of prohibited items to be brought into temporary detention cells and temporary detention facilities and handling violations, and the Circular No. 36/2017/TT-BCA dated September 19, 2017, by the Minister of Public Security on the issuance of regulations for detention facilities shall cease to have effect from the date this Circular comes into effect.

Article 12. Implementation Responsibilities

Heads of units under the Ministry, Directors of public security at local levels, heads of temporary detention and imprisonment management agencies at all levels, and heads of detention facilities within their scope of functions, authority, and responsibilities shall be responsible for organizing the implementation of this Circular.