DECREE NO. 89/1998/ND-CP ON REGULATIONS ON DETENTION AND PRETRIAL DETENTION

DECREE OF THE GOVERNMENT
Issuing the Regulations on Temporary Detention and Custody 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Criminal Procedure Code of the Socialist Republic of Vietnam;

At the proposal of the Minister of Public Security and the Minister of National Defense, 

DECREE:

Clause 4 of Article 6We hereby issue along with this Decree the "Regulations on Temporary Detention and Custody".

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThis Decree replaces Decree No. 149/HĐBT dated May 5, 1992 of the Council of Ministers, and shall take effect fifteen days from the date of signature.

Article 3. The Ministry of Public Security, the Ministry of National Defense shall coordinate with relevant agencies to guide, monitor, and inspect the implementation of this Decree.

Article 4. Ministers of the Ministries of Public Security, National Defense, Finance, Health, and Heads of agencies at ministerial level and agencies under the Government related to this matter, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./. 

 

REGULATIONS ON TEMPORARY DETENTION AND CUSTODY
(Issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government)

 

PART I
GENERAL PROVISIONS

Article 1. Temporary detention and custody are preventive measures prescribed in the Criminal Procedure Code applied by investigative bodies, prosecution offices, or courts to compel individuals subject to a temporary detention order or temporary custody order to be isolated from society for a certain period to prevent criminal acts, actions that hinder investigation, prosecution, trial, or to ensure the execution of prison sentences or death penalties.

Article 2.

1. A person under temporary detention is someone arrested in urgent circumstances or caught committing a crime on the spot, and against whom a temporary detention order has been issued.

2. A person under temporary custody is a suspect, defendant, convicted prisoner, or death row inmate who is detained temporarily, and against whom a temporary custody order has been issued.

Article 3.

1. A temporary detention facility is a place where persons specified in Clause 1 of Article 2 of these Regulations and those arrested pursuant to an arrest warrant (collectively referred to as persons under temporary detention or custody) are held temporarily. Within the temporary detention facility, there are also cells for temporarily detaining suspects and defendants under the jurisdiction of criminal investigative bodies at district level.

The temporary detention facility of the police at the county, district, town, and city level within a province (hereinafter referred to as the police at the county level) is a place where individuals under the jurisdiction of investigative bodies, prosecution offices, and courts at the county level are detained. The temporary detention facility at the provincial military command and equivalent levels is a place where individuals under the jurisdiction of investigative bodies, prosecution offices, and courts in the People's Army are detained.

2. The temporary detention cell at a border guard post is a place where persons specified in Clause 1 of Article 2 of these Regulations are held temporarily when they are ordered to be detained by the commander of the border guard post located at sea islands and borders, and those arrested pursuant to an arrest warrant.

Article 4. A temporary custody center is a place where individuals specified in Clause 2 of Article 2 of these Regulations, convicted prisoners awaiting execution of their sentences, and death row inmates are detained. Within the temporary custody center, there are also cells for temporarily detaining persons specified in Clause 1 of Article 2 of these Regulations and those arrested pursuant to an arrest warrant.

The temporary custody centers under the Ministry of Public Security and those at the provincial police level detain individuals under the jurisdiction of investigative bodies, prosecution offices, and courts. Military temporary custody centers detain individuals under the jurisdiction of investigative bodies, prosecution offices, and courts in the People's Army.

Article 5. Temporary detention facilities and temporary custody centers only accept individuals who have a temporary detention order, temporary custody order, or arrest warrant. Persons under temporary detention and temporary custody must not be detained in the same cell. Temporary detention and custody must comply with legal provisions. Any acts infringing upon the lives, health, property, dignity, and reputation of individuals under temporary detention and custody are strictly prohibited.

PART II
ORGANIZATION OF TEMPORARY DETENTION FACILITIES AND TEMPORARY CUSTODY CENTERS

PART A
ORGANIZATION OF TEMPORARY DETENTION FACILITIES

Article 6.

1. Each police unit at the county level; each provincial military command and equivalent units shall establish one temporary detention facility. The temporary detention facility shall have cells for temporary detention and must display a sign reading "Temporary Detention Cell." Border guard posts located far from the administrative center of the county may establish a temporary detention cell. The temporary detention cell at a border guard post must display a sign reading "Temporary Detention Cell."

The Minister of Public Security decides on the establishment, dissolution, scale of temporary detention and custody, and internal regulations of temporary detention facilities at the county-level police units. The Minister of National Defense decides on the establishment, dissolution, scale of temporary detention and custody, and internal regulations of temporary detention facilities at provincial military commands and equivalent units and temporary detention cells at border guard posts.

2. A temporary detention facility shall have a Head of Temporary Detention Facility, Deputy Head of Temporary Detention Facility, management staff, medical personnel, and armed guards. For temporary detention facilities that regularly hold fifty or more persons under temporary detention and custody, additional staff for record-keeping, investigation, data compilation, logistics, etc., shall be assigned.

The appointment, assignment, and staffing details of temporary detention facilities are determined by the Minister of Public Security and the Minister of National Defense based on local conditions.

3. The temporary detention cell at a border guard post is directly managed by the Commander of the border guard post. The functions, duties, and powers of the Commander of the border guard post in managing temporary detention are carried out as stipulated for the Head of Temporary Detention Facility. The treatment of persons under temporary detention and the management of temporary detention in the temporary detention cell at a border guard post are implemented according to the provisions of these Regulations.

When border guard posts without a temporary detention cell need to temporarily detain a person suspected of committing a crime within their legal authority, the Commander of the border guard post must send them to the nearest temporary detention facility or temporary custody center for temporary detention as prescribed. The Ministry of Public Security and the Ministry of National Defense shall coordinate to provide guidance on implementing this provision.

Article 7.

1. The Head of Temporary Detention Facility has the following responsibilities and powers:

a) Directing and being responsible for all activities of the temporary detention facility under his/her management in accordance with the law;

b) Implementing detention, release, and custody of persons under temporary detention and custody when there is an Order or Decision from an authorized person as prescribed by criminal procedure law;

c) Organizing and creating conditions for persons under temporary detention and custody to exercise their rights and fulfill their obligations as prescribed by law;

d) Notify in writing to the agency handling the case about the expiration of the detention period one day before its end, the first imprisonment term five days before its end, the second imprisonment term ten days before its end, and request the agency handling the case to come and take over or resolve cases where the detention or imprisonment periods have expired. In case the agency handling the case does not resolve such cases, immediately report to the competent authority of that agency for resolution.

đ) Transfer the person under detention or pretrial detention according to the Warrant of Transfer issued by the competent authority;

e) Closely cooperate with relevant agencies to serve the requirements of investigation, prosecution, trial, and enforcement of prison sentences;

g) Report to the competent authority regarding cases where decisions on detention, pretrial detention, or release are found to be contrary to the law;

h) Carry out other activities as prescribed by law.

2. The Deputy Director of the Detention Center shall assist the Director of the Detention Center in accordance with the assignment of the Director of the Detention Center.

Article 8. The Director of the Detention Center, the Deputy Director of the Detention Center, staff members engaged in correctional work, medical care, record keeping, data compilation, surveillance, logistics, and armed guards must possess good political qualities, organizational discipline awareness, specialized training, and knowledge of the law.

Article 9. The Detention Center and Detention Cells at Border Guard Posts must be designed and constructed solidly, equipped with locks, sufficient lighting, ensuring the health of persons under detention or pretrial detention, environmental hygiene, fire safety, and be suitable to the climatic characteristics of each locality and the safety requirements of detention management. Specific standards for Detention Centers and Detention Cells at Border Guard Posts are stipulated by the Ministry of Public Security and the Ministry of National Defense.

 

PART B
ORGANIZATION OF TEMPORARY DETENTION FACILITIES

Article 10.

1. The Ministry of Public Security, the Ministry of National Defense, each Provincial Police Department directly under the Central Government (hereinafter referred to as Provincial Police Departments), Military Regions, Military Corps, and equivalent levels in the People's Army may organize one or two Temporary Detention Facilities. Temporary Detention Facilities must have separate cells for detaining those sentenced to death and some cells for temporarily holding persons with Detention Orders, individuals who have been sentenced to imprisonment but are awaiting transfer to Prisons. These detention and holding cells must display signs indicating "Temporary Holding Cell," "Cell for Detaining Those Sentenced to Death," and "Cell for Detaining Those Awaiting Transfer to Prison."

The Minister of Public Security decides on the establishment, dissolution, scale of detention, and internal regulations of Temporary Detention Facilities under the Ministry of Public Security and those in Provincial Police Departments. The Minister of National Defense decides on the establishment, dissolution, scale of detention, and internal regulations of Temporary Detention Facilities under the Ministry of National Defense and those in Military Regions, Military Corps, and equivalent levels in the People's Army.

2. Temporary Detention Facilities shall have a Warden, Deputy Warden, Correction Officers, staff members, technical personnel, Officers, Non-commissioned Officers, and armed guards. The appointment, assignment of duties, and specific staffing are regulated by the Minister of Public Security and the Minister of National Defense.

Article 11.

1. The Warden of the Temporary Detention Facility has the following responsibilities and authorities:

a) Direct and be responsible for all activities of the Temporary Detention Facility in accordance with the provisions of the law;

b) Implement detention, pretrial detention, and release of persons under detention or pretrial detention when there is a Warrant or Decision from the competent authority as prescribed by criminal procedure law;

c) Organize for persons under detention or pretrial detention to exercise their rights and fulfill their obligations as prescribed by law; transfer appeals against the judgment of the first-instance or appellate court to the competent authority for resolution within the statutory time limit;

d) Notify in writing to the agency handling the case about the expiration of the detention period one day before its end, the first imprisonment term five days before its end, the second imprisonment term ten days before its end, and request the agency handling the case to come and take over or resolve cases where the detention or imprisonment periods have expired. If the agency handling the case does not resolve such cases, immediately report to the superior authority of that agency for resolution;

đ) Transfer the person under detention or pretrial detention according to the Warrant of Transfer issued by the competent authority;

e) Closely cooperate with relevant agencies to serve the requirements of investigation, prosecution, trial, enforcement of prison sentences, or capital punishment;

g) Report to the competent authority regarding cases where decisions on detention, pretrial detention, or release are found to be contrary to the law;

h) Carry out other activities as prescribed by law.

2. The Deputy Warden of the Temporary Detention Facility shall assist the Warden of the Temporary Detention Facility in accordance with the assignment of the Warden of the Temporary Detention Facility.

Article 12. The Warden, Deputy Warden, Correction Officers, staff members, technical personnel, Officers, Non-commissioned Officers, and armed guards of the Temporary Detention Facility must possess good political qualities, organizational discipline awareness, knowledge of the law, and professional expertise.

The Warden and Deputy Warden of the Temporary Detention Facility must be graduates of University-level Police Studies, University-level Security Studies, University-level Law, or equivalent, and have experience in temporary detention management.

Correction Officers and security force commanders of the Temporary Detention Facility must be graduates of Secondary-level Police Studies, Secondary-level Security Studies, or equivalent, and have received specialized training.

Officers, Non-commissioned Officers, and soldiers performing guard duty at the Temporary Detention Facility must receive specialized training in security operations.

Article 13. The Temporary Detention Facility must be designed and constructed solidly, equipped with sufficient lighting, ensuring environmental hygiene and health for persons under detention or pretrial detention, fire safety, and be suitable to the climatic characteristics of each locality and the safety requirements of detention management. Specific standards for Temporary Detention Facilities are stipulated by the Minister of Public Security and the Minister of National Defense.

Article 14. The Temporary Detention Facility shall organize a clinic to examine and treat illnesses of persons under detention or pretrial detention. Temporary Detention Facilities in Hanoi and Ho Chi Minh City shall organize hospitals to examine and treat illnesses of persons under detention or pretrial detention in Temporary Detention Facilities and Detention Centers as prescribed by the Ministry of Public Security and the Ministry of Health.

 

CHAPTER III
REGIME OF TEMPORARY DETENTION AND IMPRISONMENT MANAGEMENT

Article 15.

1. Detention and pretrial detention shall be arranged by area and classified as follows:

Women;

Minors;

Foreigners;

Persons with dangerous infectious diseases;

Violent criminals, murderers, robbers, recidivists;

Persons committing crimes endangering national security;

Persons sentenced to death by the Court;

Persons sentenced to imprisonment awaiting transfer to Prisons.

2. Persons involved in the same case under investigation, prosecution, or trial shall not be detained together in the same cell. The decision to detain individuals separately is made by the agency handling the case. Foreign nationals who are temporarily detained or imprisoned may be held in separate cells within the Detention House or Prison.

3. Each Prison shall have a facility for serving sentences (referred to as the Sub-prison for prisoner management) to regularly provide food preparation, meal delivery, transportation of supplies, sanitation, maintenance, and construction services for the Prison, and to meet other operational needs related to detention. The implementation of custodial sentences at the Sub-prison for prisoner management must comply with the Ordinance on Execution of Criminal Sentences and the Prison Regulations. The Minister of Public Security and the Minister of Defense shall decide on the establishment, dissolution, scale, and standards for prisoners at the Sub-prison for prisoner management within Prisons.

Article 16. When receiving persons who are temporarily detained or imprisoned, the Head of the Detention House and the Warden of the Prison must perform the following tasks:

Examine the Order of Temporary Detention, Order of Temporary Imprisonment, Order of Wanted Person, and other necessary documents and procedures to ensure that the correct individuals are detained in accordance with the law;

Prepare a record of file handover and person handover, and simultaneously determine their health status;

Create a list, take photographs, and enter the names of persons who are temporarily detained or imprisoned into the monitoring register;

Inform persons who are temporarily detained or imprisoned about the internal regulations of the Detention House and Prison, inspect their bodies and belongings before placing them in cells, and conduct these inspections in private rooms. Body inspections of male detainees shall be conducted by male staff members, while those of female detainees shall be conducted by female staff members.

Article 17. Persons who are temporarily detained or imprisoned may only bring into their cells personal items as prescribed by the Ministry of Public Security and the Ministry of Defense. Money and other assets they carry must be deposited in designated locations within the Detention House or Prison or entrusted to their relatives for management. Items that cannot be stored during the period of detention and those prohibited from being brought into cells, if they need to be destroyed, the Head of the Detention House or the Warden of the Prison must issue a written decision to destroy them. Destruction must be witnessed by the detainee or prisoner and documented in a destruction record. If they are released or transferred to another place of detention, the money or other assets previously deposited must be returned. In cases where the Detention House or Prison causes damage or loss to the deposited money or assets of the detainee or prisoner, compensation must be provided.

Article 18.

1. The Detention House and Prison must be strictly protected. The Head of the Detention House and the Warden of the Prison must arrange personnel to perform 24-hour duties daily for management, patrols, guarding, and inspections of each cell and the entire detention area, promptly addressing any emergencies that occur.

2. Persons who are temporarily detained or imprisoned must remain in their cells. They may only leave their cells upon orders from the Head of the Detention House or the Warden of the Prison to execute an Order of Extraction or to change the air, bathe, undergo medical examination and treatment, or clean their cells. They shall not be used for work contrary to the law.

Article 19.

1. Filming, photographing, recording audio, and interviewing in the areas of the Detention House and Prison must comply with the provisions set forth by the Minister of Public Security and the Minister of Defense.

2. Staff working at the Detention House and Prison do not have the duty, and no other person without permission from the Head of the Detention House or the Warden of the Prison may enter the cell area or interact with persons who are temporarily detained or imprisoned. In cases where entry into the cell area and interaction with persons who are temporarily detained or imprisoned is permitted, guidance from staff must be followed. The Detention House and Prison must maintain a log of all instances of entry into the cell area and interactions with persons who are temporarily detained or imprisoned.

3. The Ministry of Public Security and the Ministry of Defense shall coordinate with the Supreme People's Procuracy to guide the implementation of regulations concerning the supervision of detention.

Article 20.

1. The extraction of persons who are temporarily detained or imprisoned can only be carried out when there is a written Order of Extraction issued by the competent authority as stipulated in criminal procedure law. In cases requiring immediate medical care or treatment outside the Detention House or Prison, the Head of the Detention House or the Warden of the Prison has the authority to issue an Order of Extraction, and must immediately inform the agency handling the case.

2. The Order of Extraction must clearly state:

The issuing authority, name, position, and rank of the person issuing the order;

Name, age, address, criminal act, and date of temporary detention or imprisonment of the person to be extracted;

Purpose and duration of extraction;

Staff receives the person to be extracted.

The officer issuing the extraction order must clearly record the date, month, year, sign, and stamp on the Extraction Order.

3. The Head of the Detention House, the Warden of the Remand Center shall establish a logbook to monitor the extraction of persons under temporary detention.

Article 21. Extraction shall be carried out in one of the following cases:

a) To take persons under temporary detention to hospitals outside the Detention House or Remand Center for medical examination, treatment, forensic medical examination, or forensic psychiatric examination;

b) To transfer persons under temporary detention to another place of detention;

c) To carry out investigative, prosecution, or trial activities;

d) To take convicted prisoners to serve their sentences or to take persons sentenced to death to serve their death sentences;

đ) To allow persons under temporary detention to meet relatives, lawyers, or other defenders;

e) To allow foreign nationals under temporary detention to contact consular officials or humanitarian organizations according to international treaties to which Vietnam is a party or through direct agreements between the Vietnamese State and the country of the detained person or with humanitarian organizations for specific cases.

Article 22.

1. The Head of the Detention House, the Warden of the Remand Center shall require staff executing the Extraction Order to provide all legal documents as specified in Article 21 for review and inspection to ensure that the correct person is extracted and to establish handover procedures, clearly recording the health status of the person.

2. Persons under temporary detention may meet relatives, lawyers, or other defenders at the discretion of the investigating authority. The Head of the Detention House, the Warden of the Remand Center decides on the meeting time but not exceeding one hour per session. The Detention House, Remand Center must arrange a visiting room within its management area for persons under temporary detention to meet relatives if permitted. Lawyers or other defenders may meet persons under temporary detention in accordance with the law in the working rooms of the Detention House, Remand Center.

Persons under temporary detention and their relatives, lawyers, or other defenders must comply with visitation regulations. The Head of the Detention House, the Warden of the Remand Center shall organize the dissemination of visitation regulations and assign staff to supervise and prevent persons under temporary detention from escaping or exchanging prohibited items. Foreign nationals under temporary detention meeting relatives, lawyers, or other defenders shall follow this provision.

The contact of foreign nationals under temporary detention with consular officials or humanitarian organizations shall be carried out according to international treaties to which Vietnam is a party or through direct agreements between the Vietnamese State and the country of the detained person or with humanitarian organizations for specific cases. In these contacts, there must be staff from the Detention House, Remand Center supervising, and representatives of the Vietnamese Diplomatic Service or the Vietnamese Red Cross may also participate.

Article 23. The Remand Center shall organize areas to detain those sentenced to death. If necessary, those sentenced to death may be shackled 24 hours a day. The Warden of the Remand Center may apply technical and operational measures necessary to prevent those sentenced to death from escaping, committing suicide, or engaging in dangerous behaviors.

Article 24.

1. The Head of the Detention House, the Warden of the Remand Center shall base on the nature, tasks of managing detention, location, and characteristics of the area to organize security plans for the Detention House, Remand Center and organize disease prevention, epidemic control, and environmental sanitation in accordance with regulations. When an epidemic occurs, it must immediately notify the nearest health authority for cooperation in extinguishing the epidemic.

2. The Ministry of Health and the Ministry of Public Security shall organize and guide healthcare facilities to implement medical examinations and treatments during epidemics, mass poisoning... at Remand Centers and Detention Houses and organize separate wards to receive patients who are detained at hospitals or other healthcare facilities. The Head of the Detention House, the Warden of the Remand Center shall strictly manage persons under temporary detention during their treatment at external healthcare facilities.

Article 25.

1. In the event of the death of a person under temporary detention at the Detention House or Remand Center, the Head of the Detention House, the Warden of the Remand Center shall organize the protection of the scene, immediately inform the Investigative Authority and the Prosecutor's Office to determine the cause of death. The Head of the Detention House, the Warden of the Remand Center shall witness the examination of the scene and autopsy and inform the deceased's relatives. In the case of a foreign national's death, the notification to the consular authorities and relatives shall be carried out by the investigating authority.

When the Investigative Authority and the Prosecutor's Office agree to permit burial, the Head of the Detention House, the Warden of the Remand Center shall handle the death registration with the local government and organize the burial. If the deceased's relatives submit a request and have confirmation from the local government, they may be handed over the body. Burial must comply with the regulations of the Ministry of Health and the local government. For foreign nationals under temporary detention who die, the matter shall be handled according to international treaties to which Vietnam is a party or through direct agreements between the Vietnamese State and the country of the deceased foreign national for specific cases. In the case where there is no corresponding international treaty, or the Vietnamese State and the country of the deceased foreign national cannot reach an agreement on handling specific cases, or the nationality of the deceased cannot be determined, the procedure shall be handled as for Vietnamese nationals who died under temporary detention.

2. The burial expenses funded by the state budget include: a regular wooden coffin, a new set of clothes, four meters of shrouding cloth, alcohol or spirits for body cleansing when wrapping the corpse, incense, candles, and an amount equivalent to one hundred kilograms of medium-grade white rice (based on local market prices) to cover the costs of organizing the burial.

 

PART IV
REGIME FOR PERSONS UNDER TEMPORARY DETENTION OR IMPRISONMENT

Article 26.

1. The monthly food standard for a person under temporary detention or imprisonment is calculated based on a quantity of fifteen kilograms of rice, three hundred grams of meat, five hundred grams of fish, eight hundred grams of salt, half a liter of dipping sauce, fifteen kilograms of green vegetables, and fifteen kilograms of fuel. On public holidays and New Year's Day (as stipulated by the State), they are provided with three times the daily food standard; during the Lunar New Year, they are provided with five times the daily food standard. These standards are calculated according to local market prices. The Head of the Detention House and the Warden of the Detention Center may adjust the food quantities mentioned above to suit the actual conditions and tastes of the persons under temporary detention or imprisonment to ensure that they consume their full standard.

Persons under temporary detention or imprisonment shall not receive gifts and daily necessities from relatives more than twice a month, and the quantity of gifts shall not exceed two times the daily food standard. It is strictly prohibited for persons under temporary detention or imprisonment to use alcohol, beer, tobacco, and other harmful stimulants. The Head of the Detention House and the Warden of the Detention Center organize the receipt and strict inspection of supplies, remove prohibited items, and return all items to the persons under temporary detention or imprisonment. The Minister of Public Security and the Minister of National Defense shall specify the items that relatives of persons under temporary detention or imprisonment are allowed to supply and organize the sale of necessary items in the Detention Centers. The use of supplied items is specified in the internal regulations of the Detention House and Detention Center.

2. The minimum average area for detention for persons under temporary detention or imprisonment is two square meters per person, with a concrete or glazed tile bed and a mat to lie on.²/1 person, with a concrete or glazed tile bed and a mat to lie on.

3. During the period of detention, persons under temporary detention or imprisonment may use their personal clothing, quilts, mats, and mosquito nets. If there is a shortage, the Detention House and Detention Center will lend them according to the standard for each person, which includes: one mat, one mosquito net (individual type), one quilt (for Detention Houses and Detention Centers from Da Nang City inward using cotton quilts, from Hue outward using quilts made of 2 kg of cotton), one pair of shoes, and two sets of long-sleeved clothing according to a unified model prescribed by the Minister of Public Security and the Minister of National Defense. Monthly, persons under temporary detention or imprisonment are provided with two hundred grams of laundry soap, and every two months, one face towel. Female persons under temporary detention or imprisonment are additionally provided with an amount of money (equivalent to two kilograms of rice based on local market prices) to purchase necessary hygiene products for women.

Direct management staff are responsible for guiding and requiring persons under temporary detention or imprisonment to maintain and ensure the cleanliness of the lent items, organizing their recovery and careful storage when the persons leave the Detention House or Detention Center.

Article 27. The Detention House and Detention Center shall organize a kitchen equipped with necessary utensils. The Detention House and Detention Center must manage these assets strictly to ensure safety and economy. The organization of serving meals and drinks according to the standard quantity and ensuring hygiene is carried out in accordance with the unified regulations of the Ministry of Public Security and the Ministry of National Defense.

Article 28. Persons under temporary detention or imprisonment who fall ill, suffer from diseases, or sustain injuries shall be examined and treated by medical personnel of the Detention House and Detention Center.

In cases where persons under temporary detention or imprisonment suffer serious illness, disease, or injury beyond the capacity of the medical personnel at the Detention House or Detention Center to examine and treat, the Head of the Detention House and the Warden of the Detention Center shall notify the agency handling the case and simultaneously arrange for their transfer to an external healthcare facility for treatment and organize guarding. The examination and treatment costs shall be settled by the Detention House or Detention Center with the healthcare facility.

For persons under temporary detention or imprisonment suspected of suffering from mental illness or another condition that impairs their ability to recognize or control their behavior, the Head of the Detention House and the Warden of the Detention Center must request the agency handling the case to conduct a forensic psychiatric evaluation. When there is a decision by the competent authority to apply compulsory medical treatment measures, the agency handling the case shall cooperate with the Detention House and Detention Center to transfer the person under temporary detention or imprisonment to the medical facility specified in the Decision.

Article 29. The Detention House and Detention Center shall be equipped with a broadcasting system. On average, twenty persons under temporary detention or imprisonment are provided with one copy of the People's Newspaper or a local newspaper. The Head of the Detention House and the Warden of the Detention Center shall organize for persons under temporary detention or imprisonment to listen to the Voice of Vietnam Radio Station, local radio or broadcasting station, read the People's Newspaper or a local newspaper. If conditions permit, they shall organize for them to watch some central and local television programs.

Foreign nationals detained in the Detention House or Detention Center may receive books and newspapers in their native language upon permission from the agency handling the case.

Article 30. Persons under temporary detention or imprisonment may only send and receive letters with the permission of the agency handling the case. Letters must be opened and inspected by the Head of the Detention House and the Warden of the Detention Center.

Article 31.

1. Persons under temporary detention or imprisonment have the right to lodge complaints or reports about unlawful temporary detention or imprisonment or actions contrary to the Regulations on Temporary Detention or Imprisonment.

2. Complaints and denunciations may be made through a petition, letter, or orally to the Warder, Head or Deputy Head of the Detention House, Warden or Deputy Warden of the Remand Center, or the person conducting the prosecution proceedings for that case, or their superiors. In cases where complaints and denunciations are made orally, the staff receiving them must record them in writing. If a detainee wishes to make a complaint or denunciation through a petition or letter, the Head or Deputy Head of the Detention House, Warden or Deputy Warden of the Remand Center, or the person conducting the prosecution proceedings for that case must provide a place, paper, and pen for the detainee to write. The detainee also has the right to complain or denounce to the Prosecutor's Office. Petitions and letters of complaint or denunciation sent to the immediate superior authority of the Detention House, Remand Center, or the person conducting the prosecution proceedings, or the Prosecutor's Office must be transferred within twenty-four hours. The detainee shall bear legal responsibility for the content of the complaint or denunciation; if they abuse this right to falsely accuse others, they will be dealt with according to the provisions of the law.

3. Upon receipt of a petition, letter, or oral complaint or denunciation from a detainee, the individual or agency responsible for handling it must conduct an investigation to clarify the matter and respond to the complainant or denunciator no later than ten days from the date of receipt of the petition, letter, or oral complaint or denunciation.

Article 32.

1. A detainee who has completed confession and awaits trial and has strictly adhered to the internal regulations of the Detention House or Remand Center may be considered for double the number of meetings with relatives and double the number of letters sent and received, and gifts received.

2. A detainee who violates the internal regulations of the Detention House or Remand Center may be subject to one of the following measures depending on the nature and degree of violation:

Warning;

Foot shackling. The duration of foot shackling is decided by the Head of the Detention House or Warden of the Remand Center but shall not exceed one week.

3. A detainee who violates the internal regulations of the Detention House or Remand Center may be subject to one of the following disciplinary measures depending on the nature and degree of violation:

Warning;

Solitary confinement in a disciplinary cell for three to twelve days. A detainee subjected to solitary confinement may also be shackled. The duration of shackling is decided by the Head of the Detention House or Warden of the Remand Center but shall not exceed ten days.

4. A detainee who repeatedly violates the internal regulations may have their visits with relatives, sending and receiving letters, and receiving gifts restricted. During the disciplinary period, they shall not send or receive letters, receive gifts, or meet relatives until they comply with the internal regulations of the Detention House or Remand Center.

5. The enforcement of disciplinary measures against detainees who violate internal regulations is decided in writing by the Head of the Detention House or Warden of the Remand Center. The decision must clearly state the reasons and form of discipline. Records of violations and decisions on disciplinary measures are included in the detainee's file.

Article 33.

1. A death row inmate is entitled to the standards for food, drink, medical examination and treatment, sending and receiving letters, visiting, receiving gifts, complaining, and denouncing as other detainees, except where otherwise provided by law.

2. The Remand Center is responsible for immediately returning money, property deposited, and personal items (if any) of a person executed to their relatives or to the person entrusted by them.

Article 34. The detention regime for foreign nationals detained is applied according to this Regulation, except where international treaties to which Vietnam is a party provide otherwise.

 

CHAPTER V
IMPLEMENTING PROVISIONS

Article 35. Funds for managing, reforming, repairing, constructing Detention Houses and Remand Centers, purchasing equipment for detention purposes, and expenses for food, clothing, accommodation, living expenses, and medical care for detainees, and costs for organizing burials for deceased detainees are allocated from the State budget annually by the Ministry of Public Security and the Ministry of Defense. The Ministry of Finance, in collaboration with the Ministry of Public Security and the Ministry of Defense, shall guide the implementation of this provision.

Article 36.

1. The Chairman of the People's Committee of provinces and centrally-administered cities is responsible for allocating land, providing financial support from local budgets, creating favorable conditions for the construction and management of Detention Houses and Remand Centers in their respective areas, and directing local authorities to organize cooperation to ensure security and safety for Detention Houses and Remand Centers.

2. The Minister of Public Security and the Minister of Defense decide the specialized agencies managing the system of Detention Houses and Remand Centers./.