Circular No. 65/2026/TT-BCA Regulating Prohibited Items Brought into Places of Execution of Criminal Penalties and the Seizure and Handling of Such Prohibited Items

MINISTRY OF PUBLIC SECURITY OF THE SOCIALIST REPUBLIC OF VIETNAM

INDEPENDENCE – LIBERTY – HAPPINESS

No.: 65/2026/TT-BCA

             HANOI, MAY 19, 2026

CIRCULAR

Regulations on Prohibited Items Brought into

Places of Execution of Criminal Sentences and Procedures for Seizing, Handling Prohibited Items

      BASED ON THE CRIMINAL EXECUTION CODE OF 2025;

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

      IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF THE POLICE CUSTODY MANAGEMENT CIRCULAR, THE FORCED EDUCATION FACILITY, AND THE CORRECTIONAL SCHOOL;

      THE MINISTER OF PUBLIC SECURITY ISSUES THIS CIRCULAR REGULATING PROHIBITED ITEMS Brought into Places of Execution of Criminal Sentences for Offenders and Procedures for Seizing, Handling Prohibited Items, Dealing with Offenders, Organizations, and Individuals Violating the Rules.

Article 1. Scope of Application

This Circular regulates prohibited items that are not allowed to be brought into places of execution of criminal sentences managed by the People's Public Security, including: detention facilities for offenders; labor areas outside detention facilities; separate treatment and individual rooms in medical institutions; places where offenders are temporarily managed (hereinafter referred to collectively as places of execution of criminal sentences for offenders) and procedures for seizing, preserving, handling prohibited items, dealing with offenders, organizations, and individuals who violate the rules.

Article 2. Prohibited Items

1. Military weapons, simple weapons, sports weapons, hunting guns; explosive materials, precursors of explosives.

2. Tools: electric guns, asphyxiating gas, toxic substances, sedative gases, magnetic fields, lasers, nets; projectile launchers; plastic gun ammunition containing explosives, rubber, tear gas, signal flares, commands, markings, and ammunition for such types of guns; devices for spraying asphyxiating, toxic, sedative, or itching gases; smoke grenades, pepper spray; electric batons, rubber batons, metal batons; eight-number keys, spike mats, wire nails; bulletproof vests; electric gloves, knife-proof gloves; shields, bulletproof helmets; sound suppression equipment and other tools with similar functions and effects.

3. Flammable materials, flammable substances, radioactive materials, chemicals, toxic substances.

4. Narcotics and precursors of narcotics.

5. Medicines, preventive medicines, addictive medicines, psychotropic medicines; alcohol, beer, and other stimulants.

6. Water bottles; metal objects, ceramic, stone, glass or other materials that can be used as weapons.

7. Money, negotiable instruments, various electronic payment cards, gold, silver, precious stones, precious metals.

8. Identity documents, residence certificates, professional certification, diplomas, certificates, and other identification documents.

9. Electronic devices, personal communication equipment, recording and video devices, except for medical electronic devices used to ensure the health of offenders such as blood pressure monitors, hearing aids, defibrillators, and other auxiliary devices in accordance with the law on healthcare.

10. Books, newspapers, publications, religious materials, beliefs that are not legally printed or distributed; paintings, photos, films, audio-visual media containing content aimed at undermining the Socialist Republic of Vietnam, superstition, immorality; various leaflets, books, and documents (printed, written, drawn, or in other forms) that may affect management and education of offenders.

11. Fresh food or processed food that cannot be stored under conditions ensuring food safety as per the law on food safety.

12. Other items that could pose a threat to places of execution of criminal sentences for offenders, endangering the personal safety of offenders and others, affecting environmental hygiene, health of offenders, or used for violating rules or laws.

Article 3. Seizure and Custody of Prohibited Items

1. When a prisoner or individual is found to have engaged in the unauthorized introduction, use, or possession of prohibited items, the officer who discovers this reports immediately to the Warden of the prison or the Warden of the detention center regarding the matter.

2. The officer responsible for handling the incident prepares a violation report, temporarily seizes the prohibited item, records the confession of the prisoner or individual involved and witnesses to clarify the nature of the offense and proposes a form of disciplinary action to the Warden of the prison or the Warden of the detention center.

3. The temporary seizure record must accurately describe the quantity, weight, type, shape, size, color, and other characteristics of the prohibited item, and seal the item if necessary (for items that require sealing).

4. Seized prohibited items are stored securely with a receipt for transfer, recorded in an inventory, and not lost or damaged.

5. The Warden of the prison or the Warden of the detention center is responsible for arranging storage space and managing the seized prohibited items.

Article 4. Handling Violations

1. For violations involving the unauthorized introduction, use, or possession of prohibited items within a prison that have criminal indicators, the Warden of the prison issues a decision to initiate a criminal case, conducts preliminary investigative activities according to his authority, and then transfers the case to the competent investigative agency for further processing in accordance with legal provisions. For violations involving the unauthorized introduction, use, or possession of prohibited items within a detention center that have criminal indicators, the Warden of the detention center submits a written request and immediately forwards the violation report and evidence to the competent investigative agency for handling according to legal provisions.

2. Any person who discovers or reports such violations in places where prisoners serve their sentences assists relevant authorities in promptly identifying and preventing offenses, and seizing prohibited items may be considered for commendation. Prisoners, organizations, or individuals who fail to report or assist in the unauthorized introduction, possession, or use of prohibited items within places where prisoners serve their sentences are subject to disciplinary action according to legal provisions based on the nature and severity of the violation.

Article 5. Handling Prohibited Items

1. For prohibited items specified in Clauses 1, 2, 3, and 4 of Paragraph 2 of this Circular, the Warden of the prison or the Warden of the detention center shall transfer such items to competent authorities for handling according to legal provisions; for prohibited items specified in Clauses 5, 6, 10, 11, and 12 of Paragraph 2 of this Circular, the Warden of the prison or the Warden of the detention center decides on the handling (except where such items are specified in Clause 1 of Paragraph 4); for prohibited items specified in Clause 9 of Paragraph 2 of this Circular or items that have been transferred and returned to the prison by competent authorities, a committee for handling prohibited items is established.

2. For prohibited items specified in Clause 7 of Paragraph 2 of this Circular, they are handled as follows:

(a) If the prisoner voluntarily surrenders such items, they may be stored or transferred to relatives at the request of the prisoner;

(b) Upon discovery and seizure after a struggle and handling of the violation, they shall be sealed, stored in the storage area for prohibited items, returned to the prisoner upon completion of their sentence, parole, conditional early release from prison, temporary suspension of execution of sentence, or transferred to the management unit when the prisoner implements a decision to transfer custody. If the prisoner dies during the execution of their sentence, the Warden of the prison or the Warden of the detention center shall hand over such items to the prisoner's relatives.

(c) For individuals who violate regulations, they and the prohibited items are transferred to the local police station for handling according to legal provisions.

(d) If the ownership of the prohibited item cannot be determined after verification, it is transferred to the local police station for handling according to legal provisions.

3. For prohibited items specified in Clause 8 of Paragraph 2 of this Circular, they must be sealed and stored in the storage area for prohibited items and returned to the prisoner upon completion of their sentence, parole, conditional early release from prison, temporary suspension of execution of sentence, or transferred to the management unit when the prisoner implements a decision to transfer custody. If the prisoner dies during the execution of their sentence, the Warden of the prison or the Warden of the detention center shall hand over such items to the prisoner's relatives.

4. For prohibited items specified in Clause 9 of Paragraph 2 of this Circular, they must be sealed and stored for clarification of the incident details. If verification reveals criminal indicators, handling is conducted according to Article 4, Paragraph 1 of this Circular; if there are no criminal or administrative violations, the prison management establishes a committee for handling prohibited items.

5. Committee for Handling Prohibited Items

(a) For prisons: The Warden serves as Chairman; the Deputy Warden in charge of investigative work serves as Vice-Chairman; the Team Leader of the Investigative Team serves as Secretary, and other members are determined by the Warden. In case of objective reasons preventing the participation of the Warden, Team Leader, or Sub-Team Leader, written authorization is given to the Deputy Warden, Deputy Team Leader, or Sub-Team Leader.

(b) For detention centers: The Warden serves as Chairman; the Deputy Warden in charge of investigative work serves as Vice-Chairman; the Team Leader of the Investigative Execution Team serves as Secretary, and other members are determined by the Warden. In case of objective reasons preventing the participation of the Warden, Team Leader, or Sub-Team Leader, written authorization is given to the Deputy Warden, Deputy Team Leader, or Sub-Team Leader.

Article 6. Processing File of Prohibited Items

1. The processing file of prohibited items includes:

a) Violation Record; Temporary Detention Record of Prohibited Item; Sealing Record of Prohibited Item (if applicable);

b) Statement Record of the Violator and Witnesses;

c) Self-criticism of the Violator, Statement from Related Parties;

d) Report by the Officer who Seized the Prohibited Item;

e) Decision to Seize the Prohibited Item;

g) Decision to Establish a Committee for Processing Prohibited Items (if applicable);

h) Decision on Processing of Prohibited Items;

i) Decision on Handling of Individuals who Committed Violations (if applicable);

k) Transfer Record or Record of Processing Prohibited Items;

l) Record of Transfer of Files and Related Documents (if transferred to competent authorities for processing in accordance with regulations);

m) Other relevant documents.

2. The processing file of prohibited items shall be kept at the Unit responsible for investigative work and implementation, in accordance with the regulations on business file management of the People's Public Security Force.

Article 7. Implementation Clauses

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

2. The Circular No. 10/2020/TT-BCA dated February 6, 2020 of the Minister of Public Security on the list of prohibited items to be brought into detention facilities for prisoners and the seizure and processing of prohibited items shall cease to have effect from the date this Circular takes effect.

3. Heads of units under the Ministry, public security authorities at local levels, prison wardens, and temporary detention wardens are responsible for implementing this Circular.

4. The Director of the Department of Prison Management, Compulsory Education Detention Centers, and Vocational Schools is responsible for organizing inspections and providing guidance on the implementation of this Circular.

5. In the course of implementing this Circular, if any difficulties or obstacles arise, public security authorities at units and local levels shall report to the Ministry (through the Department of Prison Management, Compulsory Education Detention Centers, and Vocational Schools) for guidance.

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