Decree No. 98/2002/ND-CP Amending and Supplementing Certain Articles of the Regulation on Temporary Detention and Custody issued together with Decree No. 89/1998/ND-CP dated November 7, 1998 of the Government.

DECREE OF THE GOVERNMENT

Amending and supplementing some articles of the Regulation on Temporary Detention and Custody issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government

THE GOVERNMENT

On the basis of Law on Government Organization December 25, 2001;

On the basis of Criminal Procedure Code of the Socialist Republic of Vietnam;

Considering the proposal of the Minister of Public Security, the Minister of National Defense, and the Minister of Justice,

DECREE:

Article 1. Amending and supplementing some articles of the Regulation on Temporary Detention and Custody issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government (hereinafter referred to as the Regulation), as follows:

1. Amending and supplementing Clause 1 Article 6 of the Regulation as follows:

"1. Each public security office at the district level, each provincial military command, each municipal military command under the central government, and equivalent entities shall organize one temporary detention facility. The temporary detention facility shall have several cells for detention and must display a sign "Detention Cell". For a temporary detention facility that regularly houses 30 or more persons under temporary detention, additional cells shall be arranged to manage inmates for food preparation, meal delivery, gift and daily necessities transportation, sanitation, maintenance of the temporary detention facility, and other operational requirements, and must display a sign "Inmate Management Cell".

The Minister of Public Security and the Minister of National Defense shall decide specifically on the temporary detention facilities that can arrange inmate management cells and specify the scale and standards for inmates in these cells. The management, education, and other related systems for inmates housed in temporary detention facilities shall be implemented according to the laws on enforcement of criminal sentences. Border guard stations far from county-level administrative centers may establish Temporary Holding Cells. Temporary Holding Cells at border guard stations must display a sign "Temporary Holding Cell".

2. Amending and supplementing Clause 3 Article 15 of the Regulation as follows:

"3. Each detention center shall have a penal enforcement facility (called Sub-Camp for Inmate Management) to regularly serve food preparation, meal delivery, gift and daily necessities transportation, sanitation, maintenance, and construction of detention centers and temporary detention facilities, and to meet other operational requirements. The enforcement of criminal sentences in sub-camps for inmate management shall be carried out according to the Law on Enforcement of Criminal Sentences and the Regulation on Detention Centers. The Minister of Public Security and the Minister of National Defense shall decide on establishing, dissolving sub-camps for inmate management within detention centers and specify the scale and standards for inmates in these sub-camps within detention centers."

3. Amending and supplementing Clause 1 and Clause 3 Article 20 of the Regulation as follows:

"1. The removal of persons under temporary detention or custody from their place of detention or custody shall only be carried out when there is a written Order of Extradition issued by the competent authority prescribed in the Criminal Procedure Code or a document from the authority or person with jurisdiction in the cases stipulated in Clause 2 Article 21 of this Regulation. In cases where immediate medical treatment is required for persons under temporary detention or custody at external healthcare facilities, the Director of the Temporary Detention Facility or the Warden of the Detention Center has the right to issue an Order of Extradition, and then immediately notify the court handling the case.

3. The Director of the Temporary Detention Facility or the Warden of the Detention Center shall maintain a daily record of the removal of persons under temporary detention or custody from their place of detention or custody."

4. Amending and supplementing Article 21 of the Regulation as follows:

"1. The extradition of persons under temporary detention or custody outside the detention center or temporary detention facility area in the following cases:

a) For medical examination, treatment, forensic medical examination; forensic psychiatric examination;

b) To carry out investigative, prosecution, and trial activities;

c) To meet relatives, lawyers, or other defenders;

d) For foreign nationals under temporary detention or custody to contact consular officials or humanitarian organizations according to international treaties to which Vietnam is a party, or according to direct agreements between Vietnam and the country of the detained person, or for diplomatic reasons in specific cases.

2. In addition to the extradition cases specified in Clause 1 of this Article, the Director of the Temporary Detention Facility or the Warden of the Detention Center shall be responsible for transferring persons under temporary detention or custody in the following cases:

a) When there is a decision by the detention center management authority to transfer persons sentenced to imprisonment to a prison;

b) When there is a decision by the death penalty enforcement council to transfer persons sentenced to death for execution;

c) When there is a decision by the court handling the case to transfer persons under temporary detention or custody to another detention or custody location;

d) To carry out activities specified in Clause 1 of this Article inside the detention center or temporary detention facility area. In such cases, the Director of the Temporary Detention Facility or the Warden of the Detention Center shall base their decisions on the assignment of case handling, the agreement of the court handling the case for relatives, lawyers, other defenders, representatives of foreign organizations to visit and meet with persons under temporary detention or custody, and shall decide to remove persons under temporary detention or custody from their cells."

5. Amending the second paragraph of Clause 1 Article 26 of the Regulation as follows:

"1...

Persons under detention may receive gifts and daily necessities from relatives not more than twice a month; persons under temporary detention may only receive gifts and daily necessities from relatives once during the period of temporary detention; the quantity of gifts per day for persons under temporary detention or custody shall not exceed twice the daily food standard. Strictly prohibiting persons under temporary detention or custody from using alcohol, tobacco, and other harmful stimulants. The Director of the Temporary Detention Facility or the Warden of the Detention Center shall organize the receipt and strict inspection of gifts and daily necessities; remove prohibited items and return them fully to persons under temporary detention or custody; inspect, prevent, and stop acts of appropriating gifts and daily necessities of persons under temporary detention or custody. The Minister of Public Security and the Minister of National Defense shall specify the gifts and daily necessities that relatives of persons under temporary detention or custody are allowed to send and the organization of sales of necessary items in detention centers. The use of gifts and daily necessities sent by relatives shall be specified in detail in the internal regulations of temporary detention facilities and detention centers."

6. Amend and supplement Clause 3 and Clause 5 of Article 32 of the Regulation as follows:

"3. A person under temporary detention or pretrial detention who violates the regulations and internal rules of the temporary detention facility or pretrial detention center shall be subject to disciplinary measures depending on the nature and severity of the violation, including one of the following forms:

- Warning;

- Imprisonment in a disciplinary cell for a period from three to seven days, which may be extended up to twelve days. The person imprisoned in a disciplinary cell may be shackled at the ankle. The duration of ankle shackling is decided by the Director of the Temporary Detention Facility or the Warden of the Pretrial Detention Center, but not exceeding ten days. The form of disciplinary measure involving ankle shackling shall not be applied to minors or women.

5. The enforcement of disciplinary measures against persons under temporary detention or pretrial detention who violate the regulations and internal rules of the temporary detention facility or pretrial detention center shall be decided in writing by the Director of the Temporary Detention Facility or the Warden of the Pretrial Detention Center. The record of the violation and the decision on the form of disciplinary measure shall be included in their file. During the period of serving the disciplinary measure, if the disciplined person shows progress, the Director of the Temporary Detention Facility or the Warden of the Pretrial Detention Center may consider reducing the duration of the disciplinary measure."

Article 2.||| This Decree takes effect fifteen days from the date of signature.

||| Repeal Clause 1 of Article 6, Clause 3 of Article 15, Clause 1 and Clause 3 of Article 20, Article 21, Clause 1 of Article 26, Clause 3 and Clause 5 of Article 32 of the Regulations on Temporary Detention and Pretrial Detention issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government.

The Ministry of Public Security and the Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to inspect and urge the implementation of this Decree.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central government shall be responsible for enforcing this Decree.