Circular No. 81/2019/TT-BCA on implementing democracy in the execution of temporary detention and pretrial detention by the People's Public Security Forces

CIRCULAR
Regulations on implementing democracy in the execution of temporary detention and pretrial detention by the People's Public Security Forces
temporary detention by the People's Public Security force

Pursuant to the Criminal Procedure Code 2015;

Pursuant to the Law on Temporary Detention and Pretrial Detention 2015;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated July 30, 1998 of the Standing Committee of the National Assembly, Ten-term, on the issuance of the Regulation on Implementing Democracy in the Activities of State Administrative Agencies;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Prison Management and Community Correctional Enforcement and the Director of the Department of Legal Affairs and Administrative Reform and Judicial Affairs;

The Minister of Public Security issues this Circular on implementing democracy in the execution of temporary detention and pretrial detention by the People's Public Security Forces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the purpose, principles, contents, forms, responsibilities for implementing democracy in the management and enforcement of temporary detention and pretrial detention by the People's Public Security Forces.

Article 2. This Circular applies to temporary detention centers, holding facilities managed by the People's Public Security Forces (hereinafter referred to as detention facilities); officers, non-commissioned officers, conscripted soldiers, public security workers (hereinafter referred to as staff and soldiers); persons under temporary detention, persons under pretrial detention; agencies, organizations, individuals related to the management and enforcement of temporary detention and pretrial detention.

Article 3. Purpose of implementing democracy in temporary detention and pretrial detention

Point 1. To promote the people's right to self-governance in managing and educating persons under temporary detention and pretrial detention; to create all favorable conditions for persons under temporary detention and pretrial detention to fully exercise their citizens' rights that are not restricted or deprived by law.

Point 2. To build People's Public Security Forces' management and enforcement agencies for temporary detention and pretrial detention in accordance with the law; to proactively prevent, stop, and combat acts of corruption, negative practices, bureaucracy, harassment, infringement upon the legitimate rights and interests of persons under temporary detention and pretrial detention, and agencies, organizations, and individuals.

Article 4. Principles of implementing democracy in temporary detention and pretrial detention

Point 1. To comply with the Constitution, laws, and regulations of the Ministry of Public Security on the management and enforcement of temporary detention and pretrial detention.

Point 2. To respect and protect the lives, health, dignity, personality, property, rights, and legitimate interests of persons under temporary detention and pretrial detention.

Point 3. Strictly prohibit any act of exploiting democracy to harm the interests of the State, the rights and legitimate interests of organizations and individuals; to obstruct the activities of judicial agencies, the management and enforcement of temporary detention and pretrial detention; to violate regulations on managing and educating persons under temporary detention and pretrial detention.

Chapter II
SPECIFIC PROVISIONS

Article 4. Contents to be disclosed

Point 1. Rights and obligations of persons under temporary detention and pretrial detention; internal rules of detention facilities; list of prohibited items in temporary detention and pretrial detention cells.

Point 2. Compliance with internal rules of detention facilities and health status of persons under temporary detention and pretrial detention as prescribed by law.

Point 3. Living standards, clothing, accommodation, daily activities, medical care for persons under temporary detention and pretrial detention; spiritual life activities for persons under temporary detention and pretrial detention; care and nurturing standards for children under 36 months old staying with their mothers in detention facilities.

Point 4. Regulations on meeting relatives of persons under temporary detention and pretrial detention; cases where persons under temporary detention and pretrial detention are not allowed to meet relatives, defense counsel, or consular officials.

Point 5. Regulations on allowing persons under temporary detention and pretrial detention to receive gifts; removal of prohibited items from temporary detention and pretrial detention cells; sending and receiving letters, books, newspapers, and documents of persons under temporary detention and pretrial detention as prescribed by law.

Point 6. Disciplinary measures for persons under temporary detention and pretrial detention who violate the law or internal rules of detention facilities; rewards for persons under temporary detention and pretrial detention who have achievements or meritorious deeds.

Point 7. Competent authorities and places for handling complaints, reports, and lawful requests regarding the rights of agencies, organizations, individuals, and persons under temporary detention and pretrial detention. Results of inspections, investigations, and resolution of complaints, reports, and requests of persons under temporary detention and pretrial detention as prescribed by law.

Point 8. Locations and schedules for receiving citizens and relatives of persons under temporary detention and pretrial detention; internal rules for locations receiving citizens and relatives of persons under temporary detention and pretrial detention; suggestion boxes; hotlines.

Article 5. Forms of Public Disclosure

Depending on characteristics, nature, and content that must be made public, detention facilities may apply one, several, or all of the following forms:

Point 1. By posting notices at citizen reception points, visiting rooms, interrogation rooms, common activity areas within detention facilities.

Point 2. Through the detention facility's broadcasting system.

Point 3. Direct notification to persons under temporary detention and pretrial detention.

Point 4. Other appropriate forms.

Article 6. Provisions on the location for receiving citizens at detention facilities

The location for receiving citizens and visiting must be arranged in a convenient and easily accessible place, equipped with necessary facilities for agencies, organizations, and individuals to contact, handle matters, or visit persons under temporary detention or pretrial detention.

At the location for receiving citizens, there must be signs displaying the name of the agency or unit, the names of citizen reception officers, rules for citizen reception, and hotlines.

The visiting location must have a sign reading "Visiting Room," with partitions, bulletin boards posting detention facility regulations, visiting rules, suggestion boxes, and legal aid information boards.

All posted information must be placed in easily observable locations so that agencies, organizations, individuals, and persons under temporary detention or pretrial detention can see and comply with them.

Article 7. Responsibilities of agencies, organizations, and individuals related to the matter

1. Strictly comply with legal provisions in managing persons under temporary detention or pretrial detention at detention facilities.

2. Present required documents when visiting or contacting persons under temporary detention or pretrial detention and requesting resolution of related matters; strictly follow the rules and instructions of officers and soldiers performing duties at the detention facility.

3. Report illegal acts in the management and education of persons under temporary detention or pretrial detention; participate in combating and preventing violations of detention facility rules.

Article 8. Right to propose opinions of persons under temporary detention or pretrial detention

1. Persons under temporary detention or pretrial detention have the right to propose opinions to detention facility officers regarding issues concerning themselves and other persons under temporary detention or pretrial detention.

2. Persons under temporary detention or pretrial detention have the right to make representations about decisions during their detention period, complaints, and accusations according to legal provisions; they may also report negative practices, shortcomings in the management and education of persons under temporary detention or pretrial detention by officers and soldiers working at the detention facility; improper statements, actions, and violations of law by other persons under temporary detention or pretrial detention.

3. Persons under temporary detention or pretrial detention shall exercise their rights to provide opinions, representations, and proposals through suggestion boxes, direct dialogue, or other forms prescribed by law and this Circular.

Article 9. Responsibilities of the head of the detention facility

1. Organize guidance, supervision, and inspection of officers and soldiers in the unit to implement and be responsible for the results of implementing the contents stipulated in Articles 4, 5, and 6 of Chapter II of this Circular. Identify, examine, and handle officers and soldiers who violate regulations on democratic implementation in the management and education of persons under temporary detention or pretrial detention.

2. Create favorable conditions for persons under temporary detention or pretrial detention and related agencies, organizations, and individuals to implement the contents stipulated in Articles 7 and 8 of Chapter II of this Circular.

3. Arrange suggestion boxes within the detention area or common living areas within the detention facility.

4. Regularly receive citizens once a month, listen to their feedback; promptly resolve complaints and accusations from citizens. Announce responses to the resolution of complaints, accusations, and suggestions from citizens within the prescribed time limit, in writing, and publicly post them.

5. Resolve complaints and accusations from agencies, organizations, individuals, and persons under temporary detention or pretrial detention according to legal provisions.

Article 10. Responsibilities of officers and soldiers at detention facilities

1. Strictly implement the provisions of this Circular.

2. Strictly comply with the Regulations of the People's Public Security when interacting and working with agencies, organizations, and individuals.

3. Timely report to unit leaders any violations of regulations concerning the implementation of democracy in the management and education of persons under temporary detention or pre-trial detention.

4. Use necessary equipment and means to serve work as prescribed.

5. Advise the head of the detention facility on contents ensuring the implementation of democracy in temporary detention and pre-trial detention.

6. Do not arbitrarily contact to take advantage of borrowing, requesting, buying, selling, or receiving money, gifts, or reducing gifts from persons under temporary detention, persons under pre-trial detention, and their relatives in any form, or bring prohibited items into the detention facility; assist, conceal for persons under temporary detention, persons under pre-trial detention, and others who violate the internal rules of the detention facility, affecting investigative, prosecution, trial, and enforcement activities. Strictly implement the provisions on preventing torture, coercion, humiliation, cruel, inhumane, degrading treatment, or any other form that infringes upon the rights and legitimate interests of persons under temporary detention and persons under pre-trial detention.

Chapter III
IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from February 12, 2020.

The Regulation on Implementing Democracy in Temporary Detention and Pre-Trial Detention of the People's Public Security Force issued together with Decision No. 729/1998/QĐ-BCA(V19) dated November 9, 1998 of the Minister of Public Security ceases to be effective from the date this Circular takes effect.

Article 12. Responsibility for Implementation

1. The Director of the Department of Custody and Community Correctional Enforcement, the Director of the Department of Legal System and Administrative Reform have the responsibility to urge and inspect the implementation of this Circular.

2. Heads of units under the Ministry, Provincial Police Chiefs, Chief of Municipalities directly under the Central Government, heads of detention facilities within the People's Public Security Force are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties, local police units shall reflect them to the Ministry of Public Security (through the Department of Custody and Community Correctional Enforcement, the Department of Legal System and Administrative Reform) for guidance and resolution./.