Law on Enforcement of Temporary Detention and Custody No. 94/2015/QH13

LAW

IMPLEMENTATION OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the Execution of Temporary Detention and Custody.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates principles, procedures, and formalities for the execution of temporary detention and custody; organization, tasks, and powers of agencies managing and executing temporary detention and custody; rights and obligations of persons under temporary detention and custody; responsibilities of agencies, organizations, and individuals related to the execution of temporary detention and custody.

Article 2. Applicability

1. Persons under temporary detention, persons under custody.

2. Agencies and persons with authority to manage and execute temporary detention and custody.

3. Investigative agencies; agencies assigned to perform certain investigative activities.

4. People's Procuracy.

5. People's Court.

6. Agencies, organizations, and individuals related.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. is a person being managed by a detention facility during the period of temporary detention or extension of temporary detention as prescribed by the Criminal Procedure Code. refers to persons being managed at detention facilities during the period of temporary detention or extension of temporary detention as prescribed by the Criminal Procedure Code.

2. is a person being managed by a detention facility during the period of temporary imprisonment or extension of temporary imprisonment as prescribed by the Criminal Procedure Code, including suspects; defendants; persons temporarily imprisoned for extradition purposes; persons awaiting execution of custodial sentences; persons sentenced to death awaiting execution. refers to persons being managed at detention facilities during the period of custody or extension of custody as prescribed by the Criminal Procedure Code, including suspects; defendants; persons sentenced to imprisonment or death penalty whose judgments have not yet taken legal effect or are awaiting execution; persons detained for extradition purposes.

3. includes the management and detention system for persons under temporary detention and temporary imprisonment, and the food, accommodation, clothing, personal effects, medical care, spiritual activities, sending and receiving letters, books, newspapers, and documents, receiving gifts, meeting relatives, defense counsel, consular visits, and humanitarian organization contacts of persons under temporary detention and temporary imprisonment. refers to the detention management system for persons under temporary detention and custody, including dietary, accommodation, clothing, personal effects, medical care, spiritual life, sending and receiving letters, gifts, books, newspapers, and other materials, meeting relatives, defense counsel, consular visits of persons under temporary detention and custody.

4. include temporary detention centers; temporary detention sections within temporary detention centers; temporary holding houses; temporary holding rooms of Border Guard Posts, Border Guard Ports, Marine Police Regions, Special Zone Police. refers to places organizing the detention and management of persons under temporary detention and custody, including temporary detention centers, holding houses, detention rooms within border guard posts.

5. is the act of taking a person under temporary detention or temporary imprisonment out of the detention room for a specific period pursuant to an order or decision of a competent authority to carry out criminal proceedings, medical examinations, treatment, meetings, consular visits, detention service work, and other rights and obligations as prescribed by law. refers to the act of taking persons under temporary detention and custody out of detention facilities for a specified period upon orders or decisions of agencies or persons with authority to carry out criminal proceedings, medical examinations, treatment, meetings, consular visits, and other rights and obligations as prescribed by law.

6. is a summary record of personal history, physical description, three-position photographs, and fingerprints of two index fingers of persons under temporary detention or temporary imprisonment established and kept by a competent authority. refers to a record summarizing information about the background, physical appearance, three-position photographs, and fingerprints of two index fingers of persons under temporary detention and custody established and retained by authorized agencies.

7. is a summary record of personal history and fingerprints of all fingers, left palm print, and right palm print of persons under temporary detention or temporary imprisonment established and kept by a competent authority. refers to a record summarizing information about the background and fingerprints of all fingers of persons under temporary detention and custody established and retained by authorized agencies.

8. Relatives of persons under temporary detention and custody refers to grandparents, maternal grandparents, biological parents, adoptive parents, parents-in-law, spouse, siblings, children, adopted children, daughters-in-law, sons-in-law, grandchildren of persons under temporary detention and custody where the person under temporary detention and custody is a grandparent or maternal grandparent.

Article 4. Principles of Management and Execution of Temporary Detention and Custody

1. Compliance with the Constitution and laws; ensuring human rights, state interests, and legitimate rights and interests of organizations and individuals.

2. Ensuring strict compliance with orders and decisions regarding temporary detention, custody, and release made by agencies and persons with authority.

3. Ensuring humanitarian treatment; no torture, coercion, humiliation, or any other form of treatment that infringes upon the rights and legitimate interests of persons under temporary detention and custody.

4. Ensuring that persons under temporary detention and custody can exercise human rights and citizen rights and obligations unless restricted by this Law and other relevant laws.

5. Applying detention management measures based on the nature and severity of the criminal acts, age, gender, health; ensuring gender equality, legitimate rights and interests of women and children, and other personal characteristics of persons under temporary detention and custody.

Article 5. The responsibility for coordination of agencies, organizations, and individuals in managing and enforcing temporary detention and pre-trial detention

Agencies, organizations, and individuals within their respective duties and authorities shall be responsible for coordinating and implementing the requirements of competent agencies as stipulated in this Law in managing and enforcing temporary detention and pre-trial detention.

Article 6. Supervision of activities in managing and enforcing temporary detention and pre-trial detention

The People's Procuracy shall supervise the compliance with laws by relevant agencies, organizations, and individuals in managing and enforcing temporary detention and pre-trial detention as prescribed in this Law, the Law on Organization of the People's Procuracy, and the Criminal Procedure Code.

Article 7. Oversight of the implementation of temporary detention and pre-trial detention regimes

The National Assembly, People's Councils, and the Vietnam Fatherland Front shall oversee the activities of agencies managing and enforcing temporary detention and pre-trial detention and other related agencies, organizations, and individuals according to the law.

Article 8. Prohibited Acts

1. Torture, coercion, humiliation; cruel, inhumane, degrading treatment or punishment, or any other form that infringes upon the rights and legitimate interests of persons under temporary detention or pre-trial detention.

2. Failure to comply with orders and decisions of agencies or authorized persons regarding temporary detention, pre-trial detention, and release.

3. Detaining persons illegally; releasing persons under temporary detention or pre-trial detention illegally; violating regulations in managing, guarding, and escorting persons under temporary detention or pre-trial detention.

4. Obstructing persons under temporary detention or pre-trial detention from exercising their rights to meet relatives, to defend themselves, to receive legal aid, to contact consular officials, to lodge complaints and denunciations, and to exercise other rights and obligations of citizens as prescribed by this Law and other relevant laws.

5. Destroying detention facilities, damaging or intentionally destroying property of detention facilities; organizing escapes or escaping from detention places; organizing escapes or escaping while being escorted; freeing persons under temporary detention or pre-trial detention.

6. Failure to comply with internal rules of detention facilities, management regimes, or decisions and requests of agencies or authorized persons managing and enforcing temporary detention and pre-trial detention.

7. Committing or organizing, inciting, urging, enticing, assisting, concealing, compelling others to violate laws on enforcing temporary detention and pre-trial detention; retaliating, infringing upon the lives, health, dignity, personality, and property of others during the enforcement of temporary detention and pre-trial detention.

Article 9. Rights and Obligations of Persons Under Temporary Detention and Pre-Trial Detention

1. Persons under temporary detention and pretrial detention have the following rights:

a) Protection of life, body, property, respect for dignity and personality; dissemination of their rights and obligations, and internal rules of the detention facility;

b) To exercise the right to vote as prescribed by the Law on Elections of Deputies to the National Assembly and Members of People's Councils, and the right to participate in referendums as prescribed by the Law on Referendum;

c) To have their dietary, housing, clothing, personal living supplies, medical care, spiritual life, sending and receiving letters, gifts, books, newspapers, and documents guaranteed;

d) To meet relatives, defense counsel, and consular officials;

đ) To be guided and explained about and ensured the exercise of the right to self-defense, to seek defense counsel, and to receive legal aid;

e) To meet legal representatives to conduct civil transactions;

g) To request release when the period of temporary detention or pre-trial detention has expired;

h) Filing complaints and reports against violations of the law;

i) To be compensated for damages as prescribed by the Law on State Liability for Compensation if detained or held illegally;

k) To enjoy other rights of citizens not restricted by this Law and other relevant laws, except where such rights cannot be exercised due to their temporary detention or pre-trial detention.

2. Persons under temporary detention and pretrial detention have the following obligations:

a) Compliance with decisions, requests, and guidance of the authorities and persons authorized to manage and enforce temporary detention and pretrial detention;

b) To comply with the internal rules of detention facilities, provisions of this Law, and related laws.

Chapter II

THE ORGANIZATIONAL STRUCTURE, DUTIES, AND POWERS OF AGENCIES MANAGING AND ENFORCING TEMPORARY DETENTION AND PRE-TRIAL DETENTION

Article 10. The system of organizations managing temporary detention and pretrial detention

1. Organizations managing temporary detention and pretrial detention within the People's Public Security include:

a) The organization for enforcement of criminal penalties and judicial assistance under the Ministry of Public Security manages temporary detention and pretrial detention nationwide (hereinafter referred to as the organization managing temporary detention and pretrial detention under the Ministry of Public Security);

b) The criminal enforcement agencies of the provincial public security organs manage temporary detention and pretrial detention within their respective provinces (hereinafter collectively referred to as the provincial-level organizations managing temporary detention and pretrial detention);

c) The criminal enforcement agencies of the district-level public security organs manage temporary detention and pretrial detention within their respective districts (hereinafter collectively referred to as the district-level organizations managing temporary detention and pretrial detention).

2. Organizations managing temporary detention and pretrial detention within the People's Army include:

a) The organization for enforcement of criminal penalties under the Ministry of National Defense manages temporary detention and pretrial detention (hereinafter referred to as the organization managing temporary detention and pretrial detention under the Ministry of National Defense);

b) The criminal enforcement agencies of military regions and equivalent units manage temporary detention and pretrial detention for detention centers and holding houses within their jurisdiction;

c) The Border Guard Command at the provincial level manages temporary detention for the holding cells of border guard posts.

Article 11. The system of organizations implementing temporary detention and pretrial detention

1. Agencies executing temporary detention and pretrial detention include:

a) Detention centers under the Ministry of Public Security;

b) Detention centers under the Ministry of National Defense;

c) Provincial-level detention centers of the public security organs; detention centers under military regions and equivalent units (hereinafter collectively referred to as military region-level detention centers);

d) Holding houses of the district-level public security organs; holding houses of criminal investigation agencies within the People's Army;

đ) Holding cells of border guard posts located far from the central administrative district.

2. The Minister of Public Security decides on the establishment, dissolution, scale, and design of detention facilities; promulgates internal regulations for detention facilities within the People's Public Security.

The Minister of National Defense decides on the establishment, dissolution, scale, and design of detention facilities; promulgates internal regulations for detention facilities within the People's Army.

Article 12. Duties and powers of organizations managing temporary detention and pretrial detention

1. Duties and powers of organizations managing temporary detention and pretrial detention under the Ministry of Public Security and the Ministry of National Defense:

a) Assist the Minister of Public Security and the Minister of National Defense in performing the duties and powers stipulated in Articles 63 and 64 of this Law;

b) Organize the implementation of laws on temporary detention and pretrial detention;

c) Direct professional operations and uniformly guide the application of laws on temporary detention and pretrial detention;

d) Decide on the transfer of persons under temporary detention and pretrial detention between detention facilities;

đ) Conduct inspections and checks on temporary detention and pretrial detention within their authority;

e) Implement statistical and reporting systems on the execution of temporary detention and pretrial detention;

g) Summarize the work of executing temporary detention and pretrial detention;

h) Perform other tasks and powers assigned by the Minister of Public Security and the Minister of National Defense.

2. Duties and powers of provincial-level and military region-level organizations managing temporary detention and pretrial detention:

a) Assist the Director of the provincial public security organ and the head of the military region in managing the implementation of temporary detention and pretrial detention within their respective areas;

b) Organize the implementation of laws on temporary detention and pretrial detention;

c) Direct professional operations and inspect the implementation of temporary detention and pretrial detention at detention centers and holding houses;

d) Decide on the transfer of persons under temporary detention and pretrial detention between detention facilities within their respective provinces and military regions;

đ) Conduct inspections and checks on temporary detention and pretrial detention within their authority;

e) Summarize the work of executing temporary detention and pretrial detention and implement statistical and reporting systems according to the guidance of the organizations managing temporary detention and pretrial detention under the Ministry of Public Security and the Ministry of National Defense.

3. Duties and powers of district-level public security organizations and regional criminal investigation agencies within the People's Army managing temporary detention and pretrial detention:

a) Assist the Head of the district-level public security organ and the head of the regional criminal investigation agency in managing the implementation of temporary detention and pretrial detention within their respective areas;

b) Direct professional operations and inspect the implementation of temporary detention and pretrial detention at holding houses;

c) Summarize the work of executing temporary detention and pretrial detention and implement statistical and reporting systems according to the guidance of superior organizations managing temporary detention and pretrial detention;

d) Directly manage holding houses under the district-level public security organs and regional criminal investigation agencies within the People's Army.

4. Duties and powers of the Border Guard Command at the provincial level:

a) Direct professional operations and inspect the implementation of temporary detention at holding cells of border guard posts;

b) Summarize the work of executing temporary detention and implement statistical and reporting systems.

Article 13. Duties and powers of detention centers and temporary detention facilities

1. Detention houses and remand centers shall have the following tasks and authorities:

a) Receiving, registering files, making name lists and copies of persons under temporary detention or pre-trial detention according to orders or decisions of competent authorities as prescribed in the Criminal Procedure Code or persons transferred according to this Law;

b) Implementing measures for managing and detaining persons under temporary detention or remand;

c) Applying measures to ensure the safety of lives, bodies, properties, respect for dignity and personality of persons under temporary detention or remand;

d) Ensuring that persons under temporary detention or pre-trial detention exercise their rights and fulfill their obligations as stipulated in this Law and related laws; resolving complaints within their authority or transferring appeals, complaints, denunciations, requests, suggestions, and proposals from persons under temporary detention or pre-trial detention to competent agencies for resolution;

đ) Delivering persons under temporary detention or pre-trial detention according to extraction orders or transfer decisions of competent authorities;

e) Reporting to competent authorities when there is evidence that detention or remand orders or release decisions are contrary to the law;

g) Cooperating with related agencies, organizations, and individuals in investigation, prosecution, trial, and enforcement of sentences;

h) Notifying in writing the agency handling the case one day before the expiration of the temporary detention period, extension of temporary detention, five days before the expiration of the pre-trial detention period, ten days before the expiration of the extended pre-trial detention period, and requesting the agency handling the case to resolve according to the law; in cases where the temporary detention or pre-trial detention period expires and the agency handling the case does not resolve, immediately proposing to the People's Procuracy with jurisdiction to inspect and supervise the management and enforcement of temporary detention and pre-trial detention;

i) Releasing persons under temporary detention or remand according to decisions of competent agencies or persons with authority;

l) Implementing statistics and reports on the enforcement of temporary detention and pre-trial detention.

2. For county-level police detention centers and temporary detention facilities, in addition to the duties and powers prescribed in Clause 1 of this Article, they also have the duty and power to receive, manage, detain, educate and reform prisoners, and perform other tasks and powers as prescribed by laws on criminal execution;

3. The head of the detention center and the warden of the temporary detention facility shall have the following duties and powers:

a) Organizing the implementation of the duties and powers of the detention center and temporary detention facility as prescribed in Clause 1 and Clause 2 of this Article;

b) Deciding on classification and organization of detention for persons under temporary detention or remand;

c) Deciding to inspect, seize, and handle prohibited items;

d) Issuing extraction orders for medical examination and treatment and serving detention work; issuing extraction orders or deciding to allow meetings with relatives, defense counsel, or legitimate representatives to implement certain rights and obligations prescribed by law;

đ) Implementing extraction orders or decisions of competent agencies allowing foreign nationals under temporary detention or pre-trial detention to contact consular officials or humanitarian organizations;

e) Organizing security for detention facilities; ensuring environmental hygiene; preventing natural disasters and epidemics; notifying the nearest health agency when an epidemic occurs to cooperate in controlling it;

4. The deputy head of the detention center and the deputy warden of the temporary detention facility shall be responsible for assisting the head of the detention center and the warden of the temporary detention facility according to their assigned tasks or delegated authority, and shall be responsible within the scope of the tasks assigned to them;

5. The head of the detention center, the deputy head of the detention center, the warden of the temporary detention facility, the deputy warden of the temporary detention facility, and those enforcing temporary detention and pre-trial detention must bear responsibility for their actions and decisions in implementing laws on temporary detention and pre-trial detention; if they violate these laws, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation;

Article 14. Structure and organization of detention centers and temporary detention facilities

1. Detention centers shall be organized as follows:

a) A detention center shall have temporary detention cells, pre-trial detention cells, disciplinary cells, prisoner management cells; facilities for managing detention, criminal proceedings activities. Depending on the scale of detention, the detention center may have facilities for daily living, healthcare, education of persons under temporary detention or pre-trial detention, and enforcement of prison sentences; facilities for working and living of officers, professional soldiers, non-commissioned officers, soldiers, workers, and staff working at the detention center;

b) The organizational structure of the detention center in the People's Public Security includes the head of the detention center, the deputy head of the detention center, officers, non-commissioned officers, soldiers, workers, and staff performing educational, investigative, security, judicial support, advisory, logistical, technical, educational, health, and record-keeping tasks;

c) The organizational structure of the detention center in the Military Investigation Service includes the head of the detention center, the deputy head of the detention center, officers, professional soldiers, non-commissioned officers, soldiers, workers, and defense staff performing educational, investigative, security, judicial support, advisory, logistical, technical, educational, health, and record-keeping tasks;

d) The head of the detention center and the deputy head of the detention center must be persons with a university degree in police science, security, or law and must meet other standards prescribed by the Government;

2. Temporary detention facilities shall be organized as follows:

a) A temporary detention facility shall have pre-trial detention units, detention areas, pre-trial detention cells, temporary detention cells, cells for persons awaiting execution of prison sentences, cells for persons sentenced to death, disciplinary cells, prisoner management units; facilities for managing detention, criminal proceedings, enforcement of sentences, daily living, healthcare, education of persons under temporary detention or pre-trial detention, and enforcement of prison sentences; facilities for working and living of officers, professional soldiers, non-commissioned officers, soldiers, workers, and staff working at the temporary detention facility;

b) The organizational structure of the temporary detention facility in the People's Public Security includes the warden, deputy warden, unit heads, deputy unit heads, team leaders, deputy team leaders, and health facility directors; officers, non-commissioned officers, soldiers, workers, and staff organized into teams, pre-trial detention units, and prisoner management units to perform educational, investigative, security, judicial support, criminal enforcement, advisory, logistical, technical, educational, health, and record-keeping tasks;

c) The organizational structure of the temporary detention facility in the Military includes the warden, deputy warden, political commissar, unit heads, deputy unit heads, team leaders, deputy team leaders, and health facility directors; officers, professional soldiers, non-commissioned officers, soldiers, workers, and defense staff may be organized into teams to perform educational, investigative, security, judicial support, criminal enforcement, advisory, logistical, technical, educational, health, and record-keeping tasks;

d) The warden, deputy warden, unit heads, deputy unit heads, team leaders, and deputy team leaders as prescribed in point b and point c of Clause 1 of this Article must be persons with a university degree in police science, security, or law and must meet other standards prescribed by the Government.

3. Holding cells and detention cells in holding facilities and detention centers shall be designed and constructed to be sturdy, equipped with locks, security monitoring devices, adequate lighting, ensuring health, environmental hygiene, fire safety, suitable for the climate characteristics of each locality and management requirements.

Offices for agencies, prosecutors, and defense counsel shall be designed and constructed to ensure safety and meet the requirements for investigation, case handling, and defense.

Article 15. Holding Cells at Border Guard Posts

1. Border guard posts located in remote areas have the authority to organize holding cells to manage and implement temporary custody measures for persons held according to decisions by the Border Guard Post Commander and other authorized persons as stipulated by the Criminal Procedure Code.

2. Holding cells at border guard posts shall have a Head of Holding Cell who is directly managed by the Border Guard Post Commander. The Head of Holding Cell has responsibilities and powers in managing temporarily detained persons as specified for the Head of Holding Facility under Clause 3, Article 13 of this Law.

Chapter III

MANAGEMENT REGIME OF DETENTION

Article 16. Reception of Persons Held Temporarily and Detained

When receiving persons held temporarily and detained, the detention facility shall be responsible for:

1. Checking information to confirm the identity of the person held temporarily and detained according to orders and decisions of authorized persons;

2. Preparing handover records for persons held temporarily and detained, accompanying documents, and files; organizing health examinations and body checks for persons held temporarily and detained and children under 36 months old accompanying them (if any). Body checks for male persons held temporarily and detained shall be conducted by male staff, and for female persons by female staff, in private locations;

3. Taking photographs, preparing name lists, finger prints, and entering into tracking registers for persons held temporarily and detained;

4. Informing, guiding, and explaining the rights and obligations of persons held temporarily and detained and the internal regulations of the detention facility; inspecting and handling items carried before placing them in holding or detention cells.

Article 17. Management Files for Temporary Custody and Detention

1\. Management files for temporary detention and remand include:

a) Orders, decisions, and records regarding arrest, temporary custody, detention, extension of temporary custody, extension of detention, warrant for arrest, release, extradition, transfer of detention places; decisions approving by the People's Procuratorate;

b) Records of handover for persons held temporarily and detained, accompanying documents and files; records of handover for money and other property of persons held temporarily and detained deposited for safekeeping or handed over to their relatives or legal representatives for management; decisions and records of destruction of prohibited items;

c) Name lists, fingerprints, personal histories, and related documents on compliance with detention regulations; records and decisions on disciplinary actions for violations of internal rules and laws on temporary custody and detention; documents on health, medical examination, and treatment; documents related to the exercise of rights and obligations of persons held temporarily and detained during detention; documents related to the resolution of appeals, complaints, accusations, requests, proposals, and recommendations of persons held temporarily and detained; documents on visits and consular meetings.

d) Decision of the competent authority to transfer convicted prisoners to serve their sentences; decision of the Execution Council to transfer death row inmates for execution;

d) Other related documents.

2. For persons under pretrial detention who were previously under temporary detention, the pretrial detention file also includes documents from the temporary detention file;

3. The Minister of Public Security and the Minister of National Defense shall stipulate the management, storage, exploitation, and use of temporary detention and pretrial detention files;

Article 18. Classification and Management of Detainees and Pretrial Detainees

1. Detainees and pretrial detainees shall be arranged in zones and classified as follows:

a) Persons under temporary detention;

b) Persons under pretrial detention;

c) Persons under 18 years old;

d) Women;

đ) Foreign nationals;

e) Persons suffering from Category A infectious diseases;

g) Persons who commit acts of crime with thug-like characteristics; murder; robbery of property belonging to particularly serious crimes; dangerous recidivists;

h) Persons committing crimes endangering national security;

i) Death row inmates;

k) Persons awaiting imprisonment;

l) Persons frequently violating the internal rules of the detention facility;

m) Persons showing signs of mental illness or another disease that impairs their ability to understand or control their behavior but have not yet been assessed, are awaiting assessment results, or are waiting to be transferred to a compulsory treatment facility.

2. Co-detention in the same cell is not allowed for individuals involved in the same case during the investigation, prosecution, and trial stages;

3. In special cases, due to actual conditions, the detention center or pretrial detention facility cannot meet the requirement for separate detention or to ensure investigative, prosecution, trial requirements, and safety for detainees and pretrial detainees, then the Director of the detention center, the Warden of the pretrial detention facility, and the Head of the border guard detention cell shall cooperate with the agency handling the case to decide in writing on those persons who can be detained together.

4. The following individuals may be arranged for solitary confinement:

a) Homosexuals, transgender individuals;

b) Individuals specified in points e, i, and m of Clause 1 of this Article;

c) Pregnant women or women with children under 36 months old;

Article 19. Management Regime for Detainees and Pretrial Detainees

1. The detention facility must be guarded, protected, managed, inspected, and monitored 24 hours a day;

2. Detainees must stay in the detention cell; pretrial detainees must stay in the pretrial detention cell. They may only leave the detention cell or pretrial detention cell upon an order from the head of the detention facility to carry out an extraction order and other activities as stipulated in Clause 5 of Article 20 of this Law and the internal regulations of the detention facility.

3. Detainees and pretrial detainees are restricted in their rights to travel, transactions, contact, information, communication, and religious propaganda. In necessary cases of civil transactions, they must go through a legal representative and obtain the consent of the agency handling the case.

4. The transfer of detainees and pretrial detainees between detention facilities shall be decided by the head of the temporary detention management agency after reaching agreement with the head of the agency handling the case and notifying the same-level People's Procuracy. The authority to transfer detainees and pretrial detainees is defined as follows:

a) Transfers between detention facilities within the same province, centrally-administered city, military region, or equivalent area shall be decided by the head of the provincial or military region temporary detention management agency;

b) Transfers between detention facilities not within the same province, centrally-administered city, military region, or equivalent area shall be decided by the head of the provincial or military region temporary detention management agency at the place of transfer after reaching agreement with the head of the provincial or military region temporary detention management agency at the receiving place;

c) Transfers between provincial-level public security detention facilities and military detention facilities shall be decided by the head of the Ministry of Public Security or Ministry of National Defense temporary detention management agency;

d) Transfers between public security detention facilities and military detention facilities shall be decided by the head of the temporary detention management agency at the place of transfer after reaching agreement with the head of the temporary detention management agency at the receiving place;

Article 20. Execution of Extraction Orders for Detainees and Pretrial Detainees

1. Extraction orders for detainees and pretrial detainees shall only be executed when there is an extraction order from a competent authority as prescribed in the Criminal Procedure Code, the Law on Enforcement of Criminal Penalties, and this Law, in the following circumstances:

a) To serve the investigation, prosecution, trial, and enforcement of criminal penalties;

b) For medical examination, treatment, forensic medical examination, or forensic psychiatric examination;

c) To meet relatives, defense counsel, or legal representatives to exercise certain rights and obligations prescribed by law;

d) Foreign nationals who are detained or pretrial detained to meet consular officials or humanitarian organizations according to international treaties to which the Socialist Republic of Vietnam is a party or according to agreements between the Socialist Republic of Vietnam and the country of the detainee or pretrial detainee, or for specific diplomatic reasons.

2. When the Warden of the pretrial detention facility, the Director of the detention center, or the Head of the border guard detention cell extracts a detainee or pretrial detainee for medical examination or treatment, they must immediately notify the agency handling the case and the competent People's Procuracy.

3. The extraction order must contain the following main contents:

a) Authority, name, position, rank of the person issuing the order;

b) Name, date of birth, nationality, place of residence, criminal act, date of detention, date of pretrial detention of the person to be extracted;

c) Purpose and duration of the extraction;

d) Name, position, rank, authority of the person responsible for escorting the person to be extracted or the authority responsible for escorting;

đ) Name, position, rank (if applicable) of the person receiving the extraction from the competent agency issuing the extraction order;

e) Date of issuance; signature of the person issuing the order and stamp.

4. The detention facility is responsible for checking and handing over detainees and pretrial detainees to the authority or person responsible for escorting. The authority or person responsible for escorting is responsible for handing over the extracted person to the person authorized to issue the extraction order. The handover must be recorded in a protocol, clearly stating the health condition of the person and recorded in a tracking log.

The person authorized to issue the extraction order is responsible for accepting the extracted person. The authority or person responsible for escorting shall coordinate with the detention facility and the person authorized to issue the extraction order to manage and ensure the implementation of living and accommodation conditions for the extracted person as prescribed in this Law. The escort, management, and funding to ensure the implementation of living and accommodation conditions for the extracted person shall be regulated by the Government.

If the extraction period has not expired but the purpose of the extraction has been completed or the extraction period has expired, the person requesting the extraction shall hand over the extracted person to the authority or person responsible for escorting to return the extracted person to the detention facility, except in cases where the detainee or pretrial detainee is released based on a judgment or decision of the authority or person authorized. If there is a need to continue the extraction, an extension order must be issued. The duration of the extraction and its extension shall not exceed the remaining detention or pretrial detention period.

5. In cases where activities prescribed in Clause 1 of this Article are carried out within the premises of the detention facility, the head of the detention facility may decide to move detainees and pretrial detainees out of the detention cells without an extraction order.

Article 21. Transfer of Detained Persons and Incarcerated Persons

The detention facility shall be responsible for transferring the person under temporary custody or pre-trial detention in the following cases:

1. When there is a decision from the detention or incarceration management authority, transfer detained persons and incarcerated persons to another detention facility.

2. When there is a decision by the authorized agency to transfer the convicted person to the place of sentence execution.

3. When there is a decision from the Capital Punishment Enforcement Council, transfer convicted death row inmates for execution.

Article 22. Meeting with Relatives, Defense Counsel, and Consular Officers of Detained and Incarcerated Persons

1. Detained persons may meet relatives once during the period of detention, and once each time the detention is extended. Incarcerated persons may meet relatives once every month; additional meetings or meetings with non-relatives require approval from the investigating agency. The duration of each meeting shall not exceed one hour.

2. Visitors must present identification and proof of relationship to the detained or incarcerated person if they are relatives. Visits must be closely monitored and supervised by the detention facility; they must not interfere with criminal proceedings conducted by agencies or authorized individuals; visitors must comply with visitation regulations; when requested by the investigating agency, they must cooperate with the detention facility to monitor and supervise visits.

The head of the detention facility decides on specific visitation times and informs the investigating agency about the visits to detained and incarcerated persons.

3. Defense counsel may meet detained and incarcerated persons to provide legal defense as stipulated in the Criminal Procedure Code and this Law in the workroom of the detention facility or where the detained or incarcerated person is receiving medical treatment; they must present identification and documentation related to their defense activities.

a) Relatives do not present identification or proof of relationship with the person under temporary custody or pre-trial detention, or the agency handling the case has requested in writing that the person under temporary custody or pre-trial detention not meet their relatives due to serious impact on the case resolution; defense counsel do not present identification or proof of their representation for the person under temporary custody or pre-trial detention;

a) Relatives who fail to present identification or proof of relationship to the detained or incarcerated person, or when the investigating agency requests that the detained or incarcerated person not meet relatives due to serious impact on case resolution; defense counsel who fail to present identification or documentation related to their defense activities for the detained or incarcerated person;

c) When there is an outbreak of disease in the area with the detention facility or during the epidemic prevention period of the authorized agency;

c) During an outbreak of disease in the area of the detention facility;

d) During emergency medical care for detained or incarcerated persons or when they are suffering from Category A infectious diseases;

đ) During interrogation or other criminal proceedings involving the detained or incarcerated person;

e) If the detained or incarcerated person does not agree to a visit; in this case, the visitor may directly meet the detained or incarcerated person to confirm the refusal of the visit;

g) Visitors intentionally violate the detention facility's rules or management regulations two or more times;

h) Persons under temporary detention or temporary custody who are being disciplined according to Clause 3, Article 23 of this Law.

5. Visits to foreign nationals who are detained or incarcerated shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article. Consular access and humanitarian organization contact shall be conducted in accordance with international treaties to which the Socialist Republic of Vietnam is a party or pursuant to international agreements or specific agreements between the Socialist Republic of Vietnam and the country of origin of the detained or incarcerated person or with humanitarian organizations. Such contacts and visits may invite representatives of Vietnam’s diplomatic agencies or the Vietnam Red Cross Society to participate.

The Government shall provide detailed regulations on this matter.

Article 23. Disciplinary Measures for Persons Under Temporary Detention or Pretrial Detention Who Violate Rules of the Detention Facility or Detention Management System

1. Persons under temporary detention or pretrial detention who violate the rules of the detention facility or the detention management system shall be subject to disciplinary measures, depending on the nature and degree of violation, in one of the following forms:

a) Warning;

b) Isolation in a disciplinary cell for one to two days and may be extended up to two days for detained persons; isolation in a disciplinary cell for three to seven days and may be extended up to ten days for incarcerated persons. The isolation period shall not exceed the remaining detention or incarceration period.

2. Disciplinary action through isolation shall be implemented if detained or incarcerated persons violate the detention facility's rules or management regulations twice or more, or engage in behaviors specified in Clause 5 and Clause 7 of Article 8 of this Law.

3. Individuals isolated in a disciplinary cell who exhibit aggressive resistance against the detention facility, attempt suicide, self-inflict injury, or harm others' lives or health shall be restrained. The duration of restraint shall be decided by the head of the detention facility. Restraint shall not be applied to minors under eighteen years old, women, severely disabled individuals, or those aged seventy or older. During isolation, detained or incarcerated persons shall have restricted visitation, sending and receiving letters, and gifts.

4. Disciplinary actions and restrictions on visitation, sending and receiving letters, and gifts for detained or incarcerated persons shall be decided in writing by the head of the detention facility. Records of violations and disciplinary decisions shall be included in the detention management file. If the disciplined individual shows improvement, the head of the detention facility may decide in writing to reduce the disciplinary period or lift restrictions on visitation, sending and receiving letters, and gifts.

Article 24. Management of belongings, money, and property of persons under temporary detention or pretrial detention

1. Detained or incarcerated persons may only bring essential personal items into the detention or incarceration cells. Personal belongings, money, and other property they carry must be stored at designated locations within the detention facility or entrusted to their legal representatives for management. Items that cannot be preserved during the detention or incarceration period and prohibited items listed for entry into detention or incarceration cells, if required to be destroyed, the head of the detention facility must issue a written decision or handle them according to the law. Destruction must be witnessed by the detained or incarcerated person and documented in a destruction record. If they are released or transferred to another detention facility, stored personal belongings, money, and other property will be returned; if the detention facility causes damage or loss, compensation shall be provided.

2. The Minister of Public Security and the Minister of National Defense shall specify the list of prohibited items for entry into detention or incarceration cells.

Based on the list of prohibited items for entry into detention or incarceration cells, the head of the detention facility shall decide not to allow specific items that could be used for suicide, escape, causing injury, or harming health or life into the detention or incarceration cells.

3. Persons under temporary detention or pre-trial detention may use their deposited funds to purchase essential items for their daily living through a bookkeeping system.

Article 25. Handling cases where persons under temporary detention or pretrial detention escape

1. When persons under temporary detention or pre-trial detention escape, the head of the detention facility must immediately organize a pursuit, prepare a record, and simultaneously notify the investigating agency and the competent People's Procuracy to handle the situation together. All escape cases must be dealt with according to the prescribed legal measures for pursuit, investigation, and resolution.

2. If persons under temporary detention or pretrial detention who have escaped surrender themselves, the receiving agency must prepare a record and immediately notify the investigating agency and the detention facility to handle the case according to the law.

Article 26. Handling the case of death of persons under temporary detention or pre-trial detention

1. In the event that persons under temporary detention or pre-trial detention die during the period of detention, the head of the detention facility must organize the protection of the scene, immediately notify the Investigative Agency and the competent People's Procuracy to determine the cause of death; at the same time, notify the relatives and the lawful representatives of the deceased. Representatives of the detention facility must witness the examination of the scene and the autopsy. If the deceased is a foreign national, the notification to the consular authorities and the relatives and lawful representatives of the deceased shall be carried out by the agency handling the case.

2. The detention facility shall handle the registration of death according to the law on household registration.

3. When the Investigative Agency and the People's Procuracy agree to proceed with funeral procedures for the deceased, the detention facility has the responsibility to notify the relatives of the deceased. If the relatives submit a written request, the body will be handed over to them, except in cases where there is evidence that such action would affect security, public order, and environmental hygiene. If they do not accept the body within twenty-four hours from the time of notification, the detention facility is responsible for organizing the funeral. If the relatives of the deceased request to receive ashes or bones after the funeral, the head of the detention facility shall discuss with local authorities to resolve the matter in accordance with the law. The funeral must comply with the regulations of the Ministry of Health and local authorities.

4. In the case of death of a foreign national under temporary detention or pre-trial detention, it shall be handled in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party or according to international agreements or direct agreements on specific cases between the Socialist Republic of Vietnam and the country of the deceased. In the absence of relevant international treaties or agreements or if there is no agreement between the Socialist Republic of Vietnam and the country of the deceased regarding the specific handling of the case or if the nationality of the deceased cannot be determined, it shall be handled as in the case of a Vietnamese national under temporary detention or pre-trial detention who has died.

5. The related expenses for the funeral shall be guaranteed by the state budget.

The Government shall provide detailed regulations on this matter.

6. In the case where persons under temporary detention or pre-trial detention have previously participated in social insurance or are currently receiving pension benefits, the survivor benefits shall be resolved in accordance with the provisions of the Social Insurance Law.

Chapter IV

REGIME OF PERSONS UNDER TEMPORARY DETENTION AND PRE-TRIAL DETENTION

Article 27. Food and accommodation regime for persons under temporary detention and pre-trial detention

1. Persons under temporary detention and pre-trial detention shall be guaranteed quantitative standards for rice, vegetables, meat, fish, sugar, salt, condiments, monosodium glutamate, fuel, electricity, and water for daily use. The head of the detention facility decides on the adjustment of food quantities to suit the actual situation to ensure that persons under temporary detention and pre-trial detention consume the full standard.

On statutory holidays and festivals, persons under temporary detention and pre-trial detention may receive additional meals, but the level of consumption shall not exceed five times the daily standard.

Based on the requirement to ensure the health of persons under temporary detention and pre-trial detention, the Government shall specify appropriate food quotas in accordance with economic conditions, the budget, and market price fluctuations.

2. Persons under temporary detention may receive gifts from relatives during the period of detention not more than once; if the detention is extended, they may receive gifts once for each extension of detention. Persons under pre-trial detention may receive gifts from relatives not more than three times in one month. The quantity of gifts, which includes food and drink, shall not exceed three times the daily standard for each delivery. The head of the detention facility shall organize the receipt, inspection, and removal of prohibited items, and hand over the gifts fully to persons under temporary detention and pre-trial detention; inspect, prevent, and stop acts of appropriating gifts and personal items of persons under temporary detention and pre-trial detention. The Minister of Public Security and the Minister of National Defense shall specify the types of gifts that relatives of persons under temporary detention and pre-trial detention are permitted to send.

3. Persons under temporary detention and pre-trial detention shall be guaranteed food safety in eating and drinking. The detention facility shall organize kitchens and be provided with necessary equipment for storing food, cooking, drinking water, and distributing meals according to the standard portions.

4. The minimum sleeping area for each person under temporary detention or pre-trial detention is two square meters (m²), with a floor for lying down and a mat.

Article 28. Dress and Appearance Regime for Persons Under Temporary Detention or Custody

1. During the period of temporary detention or custody, persons under temporary detention or custody shall be provided with necessary clothing, quilts, mats, mosquito nets, and other personal items; if insufficient, the detention facility shall lend them. Such persons shall be supplied with soap and toothpaste; if female, they shall also be provided with necessary items for women's hygiene.

The directly managing officers shall be responsible for guiding and requiring persons under temporary detention or custody to maintain and ensure cleanliness; they shall recover lent items when such persons leave the detention facility.

2. The Government shall provide detailed regulations for this Article.

Article 29. Sending and Receiving Letters, Books, Newspapers, and Documents for Persons Under Temporary Detention or Custody

Persons under temporary detention or custody may only send or receive letters, books, newspapers, and documents upon permission from the agency handling the case. These items must be opened and subject to inspection and censorship by the detention facility.

Article 30. Medical Care Regime for Persons Under Temporary Detention or Custody

1. Persons under temporary detention or custody shall enjoy medical examination, treatment, prevention, and disease control regimes. In cases of illness, disease, or injury, they shall be examined and treated at the medical facility within the detention facility; if suffering from serious illness or injury beyond the capacity of the detention facility, they shall be transferred to county, provincial hospitals, military hospitals, or central hospitals for examination and treatment. The detention facility must inform the relatives or lawful representatives of such persons to coordinate care and treatment. The diet, medication, and supplementary nutrition shall be prescribed by the medical facility. Persons under temporary detention or custody may receive medicine from their relatives but must have a prescription from a doctor and be subject to inspection by the detention facility.

2. For persons under temporary detention or custody showing signs of mental illness or other diseases that impair their ability to understand or control their behavior, the detention facility shall request the agency handling the case to conduct a forensic psychiatric evaluation. Upon a decision by the competent authority to apply compulsory medical treatment, the agency handling the case shall cooperate with the detention facility to transfer such persons to the medical facility specified in the decision.

3. The costs for medical examinations, treatments, prevention, and disease control for persons under temporary detention or custody shall be guaranteed by the state budget according to the Government's regulations. If persons under temporary detention or custody have health insurance benefits, they shall enjoy medical treatment benefits according to the laws on health insurance.

Article 31. Spiritual Life Regime for Persons Under Temporary Detention or Custody

The detention facility shall be equipped with a broadcasting system. On average, every twenty persons under temporary detention or custody or a detention facility with fewer than twenty such persons shall be provided with one local newspaper or central newspaper. The head of the detention facility shall organize for persons under temporary detention or custody to listen to the radio and read newspapers. If conditions permit, they shall be organized to watch local and central television programs.

Chapter V

REGIME FOR PERSONS UNDER TEMPORARY DETENTION OR CUSTODY WHO ARE UNDER 18 YEARS OLD, PREGNANT WOMEN, OR WOMEN WITH CHILDREN UNDER 36 MONTHS OF AGE

Article 32. Scope of Application

The temporary detention and pre-trial detention of persons under 18 years old, pregnant women, or women nursing children under 36 months of age shall be carried out in accordance with the provisions of this Chapter and other provisions of this Law.

When persons under temporary detention or pretrial detention reach 18 years of age or when pregnant women or those raising children reach 36 months of age, the temporary detention or pretrial detention regime shall be implemented according to general regulations.

Article 33. Diet, Accommodation, and Management for Persons Under 18 Years Old Who Are Temporarily Detained or Pre-Trial Detained

1. Persons under 18 years old who are temporarily detained or pre-trial detained shall be guaranteed the standard quantity of food as those who have reached adulthood, and shall be provided additional meat and fish, but not exceeding 20% of the standard quantity.

2. Persons under 18 years old who are temporarily detained or pre-trial detained shall be housed separately, except in cases prescribed in Clause 3 of Article 18 of this Law.

Article 34. Meeting with Relatives, Defense Counsel, and Consular Officers for Persons Under 18 Years Old Who Are Temporarily Detained or Pre-Trial Detained

Persons under 18 years old who are temporarily detained or pre-trial detained shall be allowed to meet relatives, defense counsel, and consular officers as stipulated in Article 22 of this Law, with the number of visits doubled compared to those who have reached 18 years of age.

Article 35. Diet, Accommodation, and Management for Pregnant Women or Women Nursing Children Under 36 Months Who Are Temporarily Detained or Pre-Trial Detained

1. Pregnant women who are temporarily detained or pre-trial detained shall be provided with appropriate accommodation, prenatal examinations, medical care, and a diet ensuring health; if they give birth, they shall be guaranteed food standards and quantities according to the guidance of doctors, provided with necessary food, supplies, and medicines for caring for newborns, and ensured breastfeeding time. The detention facility is responsible for registering births. The People's Committee of the commune where the detention facility is located is responsible for registering and issuing birth certificates.

Pregnant women or women nursing children under 36 months who are housed together shall be provided with a minimum living space of 3 square meters (m2).

2. The detention facility must organize childcare and nurturing for children under 36 months. If a person temporarily detained or pre-trial detained has a child aged 36 months or older, they must send the child to relatives for nurturing; if there are no relatives willing to take care of the child, the head of the detention facility shall request the Department of Labor, Invalids, and Social Affairs at the location of the detention facility to designate a social welfare institution to accept and nurture the child. Within two working days from receiving the request, the Department of Labor, Invalids, and Social Affairs shall designate a social welfare institution to accept and nurture the child. After being released, the person temporarily detained or pre-trial detained may reclaim their child from the social welfare institution.

3. The Government shall provide detailed regulations on the care and nurturing of children under 36 months in detention facilities.

Chapter VI

REGIME FOR PERSONS SENTENCED TO DEATH WHO ARE UNDER TEMPORARY CUSTODY

Article 36. Scope of Application

The treatment of persons sentenced to death who are currently pre-trial detained shall be implemented in accordance with the provisions of this Chapter and other provisions of this Law.

Article 37. Diet, Accommodation, and Management for Persons Sentenced to Death Who Are Pre-Trial Detained

1. Persons sentenced to death who are currently pre-trial detained shall enjoy the same diet, clothing, daily life, medical care, gift receipt, letter sending and receiving, book, newspaper, and document access as other pre-trial detainees.

2. Visits to persons sentenced to death whose sentences have become legally effective and are awaiting execution shall be decided by the warden of the pre-trial detention center; for persons sentenced to death whose sentences have not yet become legally effective, it shall be carried out in accordance with the provisions of Article 22 of this Law. The organization of visits must ensure absolute safety.

3. The detention facility must ensure that persons sentenced to death can exercise their right to appeal, the right to request review through extraordinary and retrial procedures, the right to request commutation of the death sentence according to the Criminal Procedure Code, and other rights of pre-trial detainees as stipulated by this Law.

4. In cases where a person sentenced to death has been granted a commutation to life imprisonment or a reduced sentence to a fixed-term imprisonment, the head of the detention facility shall transfer them to a place holding persons awaiting execution of prison sentences. In cases where the judgment is annulled for re-investigation, the head of the detention facility shall transfer the person sentenced to death to a pre-trial detention cell to serve investigative activities.

5. The detention facility shall return money, property deposited, and personal items of a person who has had the death penalty executed to their relatives or authorized representatives.

6. The pre-trial detention center must organize separate cells or areas for housing persons sentenced to death. During the management of pre-trial detention of persons sentenced to death, if they exhibit signs of escape, suicide, or other dangerous behaviors, the head of the detention facility shall decide to shackle one leg and organize surveillance, management, and prevention.

7. The Minister of Public Security and the Minister of National Defense shall provide detailed regulations for Clauses 2 and 6 of this Article.

Chapter VII

ENSURING CONDITIONS FOR MANAGEMENT AND ENFORCEMENT OF TEMPORARY DETENTION AND PRE-TRIAL DETENTION

Article 38. Ensuring Staffing, Human Resources, Material Bases, and Financial Resources for Management and Enforcement of Pre-Trial Detention and Custody

1. The State ensures staffing and human resources for agencies responsible for managing and enforcing pre-trial detention and custody. Personnel engaged in such management and enforcement shall be trained, educated, and professionally instructed in accordance with their assigned tasks and authorities.

2. The State ensures material bases for the activities of managing and enforcing pre-trial detention and custody, including land, headquarters, detention facilities and auxiliary structures, equipment, devices, weapons, support tools, transportation means, communication facilities, technical operations, and other material and technical conditions. Priority shall be given to ensuring material bases for detention facilities located in remote areas, mountainous regions, economically and socially disadvantaged areas, and critical national security and social order locations.

3. The State ensures financial resources for the implementation of pre-trial detention and custody regimes. The preparation of budgets, utilization, and settlement of financial resources for managing and enforcing pre-trial detention and custody shall be carried out in accordance with the Law on State Budget.

Article 39. Use of Weapons, Technical Equipment, and Support Tools

Officers, non-commissioned officers, professional military personnel, soldiers, and conscripts of the People's Public Security and the People's Army may use weapons, technical equipment, and support tools when performing tasks related to the enforcement of pre-trial detention and custody.

Article 40. Database on Enforcement of Pre-Trial Detention and Custody

1. The database on enforcement of pre-trial detention and custody shall be uniformly managed by the Ministry of Public Security and is part of the national database on crime prevention information, serving state management over the enforcement of pre-trial detention and custody.

2. The construction, collection, storage, processing, protection, exploitation, and use of the database on enforcement of pre-trial detention and custody shall be regulated by the Government.

Article 41. Treatment and Policies for Agencies, Organizations, and Individuals in Managing and Enforcing Pre-Trial Detention and Custody

1. Officers, non-commissioned officers, professional military personnel, soldiers, and conscripts of the People's Public Security and the People's Army, and workers and officials of public security and defense performing tasks in managing and enforcing pre-trial detention and custody shall enjoy preferential treatment and policies as stipulated by law.

2. Agencies, organizations, and individuals participating in the activities of managing and enforcing pre-trial detention and custody who achieve outstanding results shall be rewarded; if they suffer losses to life, health, or property, they shall be entitled to benefits and policies as prescribed by law.

Chapter VIII

2. When supervising management and enforcement of temporary detention, pre-trial detention, and prohibition from leaving residence, the Prosecutor's Office has the following tasks and authorities:

Article 42. Tasks and Authorities of the People's Procuracy when Supervising Management and Enforcement of Pre-Trial Detention and Custody

1. The People's Procuracy supervises compliance with laws by agencies and authorized persons in managing and enforcing pre-trial detention and custody.

2. When supervising management and enforcement of pre-trial detention and custody, the People's Procuracy shall have the following tasks and authorities:

a) Supervise at detention centers, temporary holding houses, and holding rooms; question persons under temporary detention and custody about their detention and custody status;

b) Supervise temporary detention and custody files;

c) Require the Head of Temporary Holding House, the Director of Detention Center, and the Head of Holding Room of Border Guard to self-inspect the temporary detention and custody process and report the results to the People's Procuracy; provide relevant files and materials concerning the enforcement of temporary detention and custody; report the situation of temporary detention and custody; respond to decisions, measures, or actions that violate the law in the temporary detention and custody process;

d) Decide to immediately release persons under temporary detention and custody without lawful grounds and contrary to the law;

đ) Protest, propose, and request agencies and authorized persons in temporary detention and custody to correct or revoke decisions that violate the law in managing and enforcing temporary detention and custody, stop illegal acts, and require the handling of law violators;

e) Initiate criminal cases or request the Investigation Agency to initiate criminal cases when discovering signs of crimes in managing and enforcing temporary detention and custody according to the law;

g) Resolve complaints and denunciations and perform other tasks and authorities in supervising management and enforcement of temporary detention and custody as prescribed by this Law, the Law on Organization of the People's Procuracy, and the Criminal Procedure Code.

Article 43. Responsibility for Implementing Requests, Suggestions, Objections, and Decisions of the People's Procuracy in the Management and Execution of Detention and Pre-Trial Detention

The Head of the Detention House, the Warden of the Pre-Trial Detention Center, and the Head of the Border Guard Detention Room shall be responsible for implementing the following requests, suggestions, objections, and decisions of the People's Procuracy in the management and execution of detention and pre-trial detention:

1. Requests to provide files and documents related to the management and execution of detention and pre-trial detention must be carried out immediately; requests to report on the situation of detention and pre-trial detention, requests to respond to decisions, measures, or actions that violate the law in the process of detention and pre-trial detention must be carried out within fifteen days; requests for self-inspection of detention and pre-trial detention and reporting the results to the People's Procuracy must be carried out within thirty days from the date of receipt of the request;

2. Decisions prescribed in point d, Clause 2, Article 42 of this Law must be executed immediately; if there is disagreement with such decision, it still must be executed, but there is the right to appeal to the higher-level People's Procuracy having jurisdiction. Within ten days from the date of receipt of the appeal, the Director of the higher-level People's Procuracy must resolve it;

3. Objections prescribed in point d, Clause 2, Article 42 of this Law must be resolved within fifteen days from the date of receipt of the objection; if there is disagreement with the objection, there is the right to appeal to the higher-level People's Procuracy having jurisdiction; the higher-level People's Procuracy must resolve it within fifteen days from the date of receipt of the appeal; the decision of the higher-level People's Procuracy is a legally binding decision;

4. Suggestions prescribed in point d, Clause 2, Article 42 of this Law must be considered, resolved, and responded to the People's Procuracy within thirty days from the date of receipt of the suggestion.

Chapter IX

APPEAL, COMPLAINT AND RESOLUTION OF APPEALS AND COMPLAINTS IN THE MANAGEMENT AND EXECUTION OF DETENTION AND PRE-TRIAL DETENTION

Section 1

APPEAL AND RESOLUTION OF APPEALS IN THE MANAGEMENT AND EXECUTION OF DETENTION AND PRE-TRIAL DETENTION

Article 44. Appeals in the Management and Execution of Detention and Pre-Trial Detention

1. Persons under detention, persons under pre-trial detention, and other agencies, organizations, and individuals related thereto have the right to appeal against decisions and acts of agencies or persons with authority in the management and execution of detention and pre-trial detention if they have grounds to believe that such decisions and acts are contrary to the law, infringing upon their legitimate rights and interests.

2. The initial appeal period is thirty days from the date of receipt or knowledge of the decision or act in the management and execution of detention and pre-trial detention which the appellant believes to be in violation of the law.

In cases where the appellant cannot exercise the right to appeal within the prescribed time limit due to illness, natural disasters, business trips, distant study, or other objective obstacles, the period during which such obstacles exist shall not be counted towards the appeal period.

The subsequent appeal period is fifteen days from the date of receipt of the decision resolving the appeal of the person with authority.

Article 45. Cases Where Appeals Regarding the Management and Execution of Detention and Pre-Trial Detention Will Not Be Accepted for Resolution

1. The decision or act complained of is not directly related to the legitimate rights and interests of the complainant.

2. The appellant does not have full capacity for civil conduct and does not have a lawful representative, except in cases where the appellant is a person under detention or a person under pre-trial detention.

3. The representative does not have documents proving his lawful representation.

4. The complaint period has expired.

5. There is already a final and binding decision on the complaint.

Article 46. Competence to handle complaints in management and enforcement of temporary detention and pretrial detention

1. The Procurator of the People's Procuracy at the district level, the Procurator of the People's Procuracy at the provincial level, the Procurator of the Military Procuracy in the region, the Procurator of the Military Procuracy in the military zone, and equivalent positions shall resolve complaints against decisions and acts contrary to the law in the management and enforcement of temporary detention and pretrial detention within their supervisory responsibility.

The Procurator of the superior People's Procuracy has the authority to resolve complaints regarding the resolution of complaints by the Procurator of the subordinate People's Procuracy; the decision on resolving complaints by the Procurator of the superior People's Procuracy is a legally binding decision.

2. The agency or person with authority in the management and enforcement of temporary detention and pretrial detention, upon receiving a complaint as stipulated in Article 44 of this Law, must transfer the complaint of the person under temporary detention or pretrial detention to the People's Procuracy within 24 hours from the time of receipt of the complaint.

Article 47. Rights and obligations of the complainant in management and enforcement of temporary detention and pretrial detention

1. The petitioner has the following rights:

a) To file a complaint themselves or through a duly authorized representative; the complainant may directly file a complaint or submit a complaint letter through the agency or person with authority in the management and enforcement of temporary detention and pretrial detention;

b) To withdraw the complaint at any time during the complaint resolution process;

c) To receive the decision resolving the complaint;

d) To continue filing a complaint if they disagree with the initial decision resolving the complaint;

đ) To have their legitimate rights and interests restored and be compensated for damages according to the law.

2. The petitioner has the following obligations:

a) To truthfully present the facts, provide information and documents to the person resolving the complaint; to bear legal responsibility for the content presented and the provision of information and documents;

b) To comply with the decision resolving the complaint that has legal effect.

Article 48. Rights and obligations of the respondent in management and enforcement of temporary detention and pretrial detention

1. The respondent has the following rights:

a) To present evidence regarding the legality of the decision or act in the management and enforcement of temporary detention and pretrial detention being complained about;

b) To receive the decision on resolving the complaint regarding their own decision or act in the management and enforcement of temporary detention and pretrial detention.

2. The respondent has the following obligations:

a) To explain the decision or act in the management and enforcement of temporary detention and pretrial detention being complained about; to provide information and documents related to the matter when requested by the competent authority or individual;

b) To comply with the decision resolving the complaint that has legal effect.

Article 49. Tasks and powers of the People's Procuracy when handling complaints in management and enforcement of temporary detention and pretrial detention

1. To accept and resolve complaints against the complained-of decision or act.

2. To request the complainant and the person being complained against to explain and provide information and documents related to the complaint.

3. To notify in writing about the acceptance of the complaint and send the decision resolving the complaint to the complainant and the person being complained against.

4. To bear legal responsibility for the resolution of the complaint.

Article 50. Time limit for resolving complaints and sending the decision on resolving complaints in management and enforcement of temporary detention and pretrial detention

1. The initial complaint resolution period in the management and enforcement of temporary detention is two days, and in the management and enforcement of pretrial detention is five days from the date of accepting the complaint.

2. The second complaint resolution period in the management and enforcement of temporary detention is three days, and in the management and enforcement of pretrial detention is ten days from the date of accepting the complaint.

3. In cases where necessary, for complex cases, the complaint resolution period may be extended but not exceeding five days in the management and enforcement of temporary detention, and not exceeding twenty days in the management and enforcement of pretrial detention from the date the complaint resolution period expires.

4. Within twenty-four hours from the date of issuing the decision resolving the complaint, the person issuing the decision resolving the complaint is responsible for sending the decision to the complainant and the person being complained against.

Article 51. Case files for resolving complaints in management and enforcement of temporary detention and pretrial detention

1. The documents for handling complaints include:

a) The complaint letter or document recording the content of the complaint;

b) The explanatory document of the person being complained against;

c) Minutes of examination, verification, and conclusions;

d) The complaint resolution decision;

d) Other related documents.

2. The documents for handling complaints must be paginated and kept at the agency handling the complaint.

Article 52. Procedure for resolving initial complaints in management and enforcement of temporary detention and pretrial detention

1. After accepting the complaint, the People's Procuracy with authority to resolve the initial complaint conducts verification, requests the complainant and the respondent to explain, provide information and documents related to the complaint; works with agencies, organizations, and individuals involved to clarify the content of the complaint and issues the initial decision on resolving the complaint.

2. The decision on the initial complaint resolution becomes legally binding if the complainant does not file a further complaint within the time limit prescribed by this Law.

Article 53. Contents of the Decision Resolving the First Appeal in Management and Enforcement of Pre-Trial Detention and Custody

The decision resolving the first appeal must include the following contents:

1. Name of the authority, date, month, year of issuance;

2. Full name and address of the appellant and the person against whom the appeal is made;

3. Content of the complaint;

4. Results of verifying the content of the appeal;

5. Legal basis for resolving the appeal;

6. Conclusion that the appeal is correct, partially correct, or incorrect;

7. Maintaining, revoking, or requesting modification or revocation of part of the appealed decision or compelling termination of the implementation of the appealed decision or act;

8. Compensation for damage and remediation of consequences caused by unlawful decisions or acts;

9. Guidance on the right to file subsequent appeals.

Article 54. Procedure for Resolving the Second Appeal in Management and Enforcement of Pre-Trial Detention and Custody

1. In case of continuing the appeal, the appellant must submit a petition along with a copy of the decision resolving the first appeal and related documents to the People's Procuracy having jurisdiction to resolve the second appeal.

2. During the process of resolving the appeal, the People's Procuracy having jurisdiction to resolve the second appeal has the right to request the People's Procuracy resolving the first appeal, relevant agencies, organizations, and individuals to provide information and documents related to the content of the appeal; conduct interviews with the person against whom the appeal is made and the appellant when necessary; verify and take other measures according to the provisions of the law to resolve the appeal. Agencies, organizations, and individuals upon receiving such requests must comply with them. The decision resolving the second appeal shall have legal effect.

Article 55. Contents of the Decision Resolving the Second Appeal in Management and Enforcement of Pre-Trial Detention and Custody

The decision resolving the second appeal must include the following contents:

1. Name of the authority, date, month, year of issuance;

2. Full name and address of the appellant and the person against whom the appeal is made;

3. Content of the complaint;

4. Results of verifying the content of the appeal;

5. Legal basis for resolving the appeal;

6. Conclusion on the content of the appeal and the resolution by the competent authority resolving the first appeal;

7. Maintaining, revoking, or requesting modification or revocation of part of the appealed decision or compelling termination of the implementation of the appealed decision or act;

8. Compensation for damages and remediation of consequences caused by unlawful decisions or acts.

Section 2

REPORTING AND RESOLVING REPORTS IN MANAGEMENT AND ENFORCEMENT OF PRE-TRIAL DETENTION AND CUSTODY

Article 56. Reporting in Management and Enforcement of Pre-Trial Detention and Custody

1. Persons under pre-trial detention, persons under custody, and all others have the right to report to authorities or persons with jurisdiction about the violation of the law by any person with jurisdiction in management and enforcement of pre-trial detention and custody causing damage or threatening to cause damage to the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

2. Authorities and persons with jurisdiction in management and enforcement of pre-trial detention and custody must transfer reports to the People's Procuracy at the same level within 24 hours from the time of receipt of the report.

Article 57. Rights and Obligations of Reporters in Management and Enforcement of Pre-Trial Detention and Custody

1. The complainant has the following rights:

a) Submitting a complaint letter or directly lodging a complaint with competent authorities;

b) Requesting that their name, address, and signature be kept confidential;

c) Requesting to be informed of the outcome of the complaint resolution;

d) Requesting the competent authority to protect when threatened or retaliated against.

2. The complainant has the following obligations:

a) Truthfully presenting the content of the complaint;

b) Clearly stating their name and address;

c) To bear responsibility under the law for making false complaints.

Article 58. Rights and Obligations of the Person Against Whom the Report Is Made in Management and Enforcement of Pre-Trial Detention and Custody

1. The person being complained against has the following rights:

a) Being informed about the content of the complaint;

b) Presenting evidence to prove that the content of the complaint is not true;

c) Having their lawful rights and interests restored if they have been violated, having their reputation and dignity restored, and being compensated for losses caused by an incorrect complaint;

d) Requesting competent authorities to handle the person who lodged a false complaint.

2. The person being complained against has the following obligations:

a) Explaining about the complained behavior; providing relevant information and documents when requested by competent authorities;

b) Adhering to the decision on resolving the complaint made by competent authorities;

c) Compensating for damages and remedying consequences caused by their unlawful actions.

Article 59. Case File for Resolving Reports in Management and Enforcement of Pre-Trial Detention and Custody

1. The resolution of complaints must be recorded in a file. The complaint resolution file includes:

a) The complaint letter or document recording the content of the complaint;

b) Decision to accept and resolve the complaint;

c) Verification records, results of appraisals, information, documents, and evidence collected during the resolution process;

d) Explanation document of the person being complained against;

đ) Report on verification results of the complaint content in cases where the complaint resolver assigns another person to conduct verification;

e) Conclusion on the complaint content;

g) Decision on handling;

h) Other related documents.

2. The case file for resolving reports must be numbered in the order of documents. The retention, exploitation, and use of the case file for resolving reports shall be carried out according to the provisions of the law, ensuring that information about the reporter is not disclosed.

Article 60. Competence, Procedures, and Time Limits for Handling Complaints

1. The competence and procedures for handling complaints by the People's Procuracy shall be implemented in accordance with Clause 4 of Article 23 and Article 29 of the Law on the Organization of the People's Procuracy.

3. Complaints regarding acts of law violation with signs of criminal offenses shall be resolved in accordance with the provisions of the Criminal Procedure Code.

3. Complaints regarding acts of law violations that have signs of criminal offenses shall be handled in accordance with the provisions of the Criminal Procedure Code.

Article 61. Responsibilities of Authorities with Competence to Handle Complaints

1. Within their respective duties and powers, agencies and individuals responsible must promptly and properly accept and resolve complaints in accordance with the law; strictly deal with violators; take necessary measures to prevent potential damage; ensure that decisions on resolution are strictly enforced and bear responsibility under the law for their decisions.

2. If authorities with competence to handle complaints fail to resolve them, act irresponsibly in resolving them, or resolve them contrary to the law, they will be subject to disciplinary action or criminal liability depending on the nature and degree of violation; if damage is caused, compensation must be provided according to the law.

Chapter X

RESPONSIBILITIES IN MANAGEMENT, ENFORCEMENT OF TEMPORARY DETENTION AND ARREST

Article 62. Responsibilities of the Government

1. To uniformly manage state administration over the enforcement of temporary detention and arrest throughout the country.

2. To direct government agencies and provincial People's Committees in management and enforcement of temporary detention and arrest.

3. To coordinate with the Supreme People's Court and the Supreme People's Procuracy in the enforcement of temporary detention and arrest.

4. To report annually to the National Assembly on the work of management and enforcement of temporary detention and arrest.

Article 63. Responsibilities of the Ministry of Public Security

The Ministry of Public Security is responsible for assisting the Government in managing state administration over the enforcement of temporary detention and arrest and has the following responsibilities:

1. To issue regulations within its authority or submit to competent authorities for issuance of normative legal documents on the enforcement of temporary detention and arrest; to organize the implementation of laws on the enforcement of temporary detention and arrest.

2. To direct professional activities and guide the uniform application of legal provisions on the enforcement of temporary detention and arrest.

3. To suspend or revoke within its authority or recommend competent authorities to revoke regulations on the enforcement of temporary detention and arrest that contravene this Law.

4. To decide on budget allocation and ensure conditions for the operation of management and enforcement of temporary detention and arrest.

5. To issue forms, documents, and ledgers for management and enforcement of temporary detention and arrest.

6. To build and manage databases on the enforcement of temporary detention and arrest.

7. To conduct national statistics on the enforcement of temporary detention and arrest; to report to the Government on management and enforcement of temporary detention and arrest.

8. To inspect, audit, reward, and penalize violations in management and enforcement of temporary detention and arrest.

9. To manage organizational structures, staffing, and human resources; to train, instruct, and enhance professional skills in management and enforcement of temporary detention and arrest.

10. To organize mid-term and final reviews, scientific research on management and enforcement of temporary detention and arrest.

11. To cooperate internationally in the field of management and enforcement of temporary detention and arrest.

Article 64. Responsibilities of the Ministry of National Defense

1. To issue legal documents within its authority on the enforcement of temporary detention and arrest; to organize the implementation of laws on the enforcement of temporary detention and arrest in the People's Army.

2. To direct professional activities and guide the uniform application of legal provisions on the enforcement of temporary detention and arrest in the People's Army.

3. To suspend or revoke within its authority or recommend competent authorities to revoke regulations on the enforcement of temporary detention and arrest that contravene this Law.

4. To decide on budget allocation and ensure conditions for the operation of management and enforcement of temporary detention and arrest in the People's Army; to direct medical facilities in the People's Army to arrange separate areas and rooms for medical examinations and treatment of persons under temporary detention and arrest.

5. To issue forms, documents, and ledgers for management and enforcement of temporary detention and arrest in the People's Army.

6. To conduct statistics on the enforcement of temporary detention and arrest in the People's Army; to coordinate with the Ministry of Public Security in building databases on the enforcement of temporary detention and arrest.

7. To inspect, audit, reward, and penalize violations in management and enforcement of temporary detention and arrest in the People's Army according to the law.

8. To manage organizational structures, staffing, and human resources; to train, instruct, and enhance professional skills in management and enforcement of temporary detention and arrest in the People's Army.

9. To organize mid-term and final reviews, scientific research on management and enforcement of temporary detention and arrest in the People's Army.

Article 65. Responsibilities of the Supreme People's Procuracy

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and other relevant agencies to guide the implementation of laws on the enforcement of temporary detention and pre-trial detention.

2. Supervise and direct the People's Procuracy at all levels to carry out supervision over management, enforcement of temporary detention and pre-trial detention, and handling complaints and denunciations in accordance with this Law and related laws.

3. Implement statistical and reporting systems on the enforcement of temporary detention and pre-trial detention in accordance with the provisions of the law.

Article 66. Responsibilities of the Supreme People's Court

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and other relevant agencies to guide the implementation of laws on the enforcement of temporary detention and pre-trial detention.

2. Implement statistical and reporting systems on the enforcement of temporary detention and pre-trial detention in accordance with the provisions of the law.

Article 67. Responsibilities of the Ministry of Health

The Ministry of Health directs health examination and treatment facilities at the district and provincial levels to establish or arrange separate areas for health examinations and treatments for persons under temporary detention and pre-trial detention; directs healthcare facilities and health authorities to provide guidance, assistance, and support for disease prevention and control, health examinations, and treatments for persons under temporary detention and pre-trial detention at detention facilities.

Article 68. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs directs provincial-level labor, invalids, and social affairs departments and social welfare institutions to accept, care for, and nurture children of persons under temporary detention and pre-trial detention who have no relatives to care for them in accordance with this Law and other relevant laws.

Article 69. Responsibilities of the Ministry of Finance

The Ministry of Finance is responsible for coordinating with the Ministry of Public Security and the Ministry of National Defense to prepare budgets to ensure conditions for the management and enforcement of temporary detention and pre-trial detention.

Article 70. Responsibilities of the Ministry of Planning and Investment

The Ministry of Planning and Investment is responsible for coordinating with the Ministry of Public Security and the Ministry of National Defense to develop plans for equipping means, material infrastructure, and technology to ensure the enforcement of this Law.

Article 71. Responsibilities of the Provincial People's Committee

The Provincial People's Committee is responsible for allocating land, providing financial support from the local budget, creating favorable conditions for the construction and management of detention facilities in their locality, and directing state agencies in the locality to cooperate in ensuring security and safety for detention facilities.

Chapter XI

IMPLEMENTING PROVISIONS

Article 72. Effective Date

This Law takes effect from July 1, 2016.

Article 73. Detailed Regulations

The Government and competent authorities shall issue detailed regulations for the provisions assigned in this Law.

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nh cơThis Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, 10th session, on November 25, 2015./.