DECREE No DECREE No. 89/1998/ND-CP OF NOVEMBER 7, 1998 PROMULGATING THE REGULATIONS ON TEMPORARY CUSTODY AND DETENTION THE GOVERNMENT Pursuant to the Law on Organization of Government of September 30, 1992; Pursuant to the Criminal Procedures Code of the Socialist Republic of Vietnam; At the proposal of the Minister of Public Security and the Minister of Defense, DECREES: Article 1.- Now to promulgate, together with this Decree, "The Regulations on Temporary Custody and Detention". Article 2.- This Decree shall replace Decree No. 149/HDBT of May 5, 1992 of the Council of Ministers and shall take effect for implementation 15 days after its signing. Article 3.- The Ministry of Public Security and the Ministry of National Defense shall co-ordinate with the bodies concerned in guiding, monitoring and inspecting the implementation of this Decree. Article 4.- The Ministers of Public Security, Defense, Finance, and Health, the heads of ministerial-level agencies and agencies attached to the Government and the presidents of the People�s Committees of provinces and centrally-run cities shall have to implement this Decree. For the Government Prime Minister PHAN VAN KHAI REGULATIONS ON TEMPORARY CUSTODY AND DETENTION (Promulgated together with Government Decree No.89/1998/ND-CP of November 7, 1998) Chapter I GENERAL PROVISIONS Article 1.- Temporary custody and detention are preventive measures defined in the Criminal Procedures Code, applied by the investigation bodies, the procuraries or the courts to compel persons subject to custody or detention orders to be isolated from society for a certain period of time to prevent any acts of committing crimes or acts of obstructing the investigation, prosecution and trial or to ensure the enforcement of imprisonment or death sentences. Article 2.- 1. Persons temporarily kept into custody are those arrested in emergency cases or caught in the act and on whom the order for temporary custody has been issued. 2. Persons detained are the defendant, the accused, indictees and those who are condemned to imprisonment or death sentences arrested for detention and on whom the order for detention has been issued. Article 3.- 1. A house for temporary custody is a place where persons defined in Item 1, Article 2 hereof and persons arrested by Hunting Orders (hereinafter collectively called detainee) are temporarily held. In the temporary custody house there are a number of rooms for detaining the defendant and the accused that come under the investigation, prosecution and trial power of the criminal procedure bodies of district level. Temporary custody houses of the police of districts, provincial capitals and towns (hereinafter called the district police) are places where subjects that come under the investigation, prosecution and trial competence of the district investigation bodies, the People�s Procuraries and the People�s Courts are kept or detained. The temporary custody houses at the Military Commands of the provinces and centrally-run cities or of equivalent levels are places where subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the procuraries and the courts in the People�s Army are kept or detained. 2. A room for temporary custody at Borderguard Station is a place where persons defined in Item 1, Article 2 hereof and subject to temporary custody orders issued by commanders of Borderguard Stations at islands or border regions and persons arrested by Hunting Orders are kept or detained. Article 4.- A detention house is a place where persons defined in Item 2, Article 2 hereof and persons condemned to imprisonment or death sentence or persons awaiting judgement execution are detained. In a detention house there is a number of rooms for temporarily keeping persons defined in Item 1, Article 2 hereof and persons arrested by Hunting Orders. Detention houses of the Ministry of Public Security and detention houses of provincial Police Departments shall be used to temporarily keep or detain subjects that come under the investigation, prosecution and trial competence of the investigation bodies, the people�s procuraries and the people�s courts. The military detention houses are used to temporarily keep or detain subjects under the investigation, prosecution and trial jurisdiction of the investigation bodies, procuracies and courts in the People�s Army. Article 5.- Temporary custody and detention houses shall undertake to detain and hold in custody only persons subject to custody, detention or hunting orders. Persons temporarily held in custody and those detained shall not be detained or kept in the same room. The temporary custody and detention must comply with law. All acts of infringing on the life, health, property, honour and dignity of those temporarily kept or detained are prohibited. Chapter II ORGANIZATION OF TEMPORARY CUSTODY HOUSES AND DETENTION HOUSES SECTION A.- ORGANIZATION OF TEMPORARY CUSTODY HOUSES Article 6.- 1. The Police agency of each district and the Military Command of each province and each centrally-run city and equivalent levels shall organize a temporary custody house. Such a house shall have a number of detention rooms with the signboard "Room of Detention" posted up. Those borderguard stations in border regions or islands far from district administrative centers shall be entitled to set up temporary custody rooms. Such a room at the borderguard station shall be put up with the "Room for Temporary Custody" signboard. The Minister of Public Security shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of the temporary custody houses of district police agencies. The Minister of Defense shall decide on the setting up, dissolution and size of detention and temporary custody houses as well as the internal rules of temporary custody houses at the Military Commands of provinces and centrally-run cities and equivalent levels and temporary custody rooms at borderguard stations. 2. A temporary custody house is managed by a Head and a Deputy-Head of the House, managerial cadres, medical workers and armed guards. Temporary custody houses with permanent number of 50 or more inmates shall be staffed with extra officials doing the dossier, scouting, general affairs and logistic ... work. The appointment, distribution and arrangement of work and the specific number of staff members at temporary custody houses shall be stipulated by the Minister of Public Security and Minister of Defense basing on the conditions of each locality. 3. Temporary custody rooms at Borderguard Stations shall be directly controlled by the Station Chiefs. The functions, tasks and powers of the Station Chiefs in the management of the temporary custody shall be the same as those stipulated for chiefs of the temporary custody houses. The regime towards those temporarily kept in custody and the regime for management of temporary custody by temporary custody rooms at Border Stations shall comply with the stipulations hereof. Where border stations that do not have temporary custody rooms need to keep in temporary custody according to competence prescribed by law persons showing signs of committing offences, the Commanders of such border stations shall appoint persons to escort them to the nearest temporary custody houses or detention camps for temporary custody as stipulated. The Ministry of Public Security and the Ministry of Defense shall co-ordinate in guiding the implementation of this stipulation. Article 7.- The Head of a temporary custody house shall have the following tasks and powers: a) To direct and be responsible for the whole activities of the house under his/her charge as prescribed by law; b) To effect the detention, temporary custody or release of persons temporarily kept and detainees upon orders or decisions of competent persons as prescribed by the criminal procedures legislation; c) To organize and create conditions for those temporarily kept and detainees to exercise their rights and obligations in accordance with law; d) To notify in writing the agency(ies) in charge of the cases involving persons temporarily kept in custody or the detainees of the expiration of temporary custody time-limit 1 day in advance, the expiration of the detention 5 days for the first notification, 10 days in advance for the second notification and to request such agencies to come to receive or settle cases of expiration of temporary custody or detention. Where such agencies fail to do so, petitions shall be made immediately to the competent superior bodies of such agencies for resolution; e) To hand over the persons temporarily kept in custody or detainees according to exit orders by competent persons; f) To make close co-ordination with the bodies concerned in order to serve the investigation, prosecution, trial and enforcement of imprisonment sentences; g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and h) To carry out other activities in accordance with the provisions of law. 2. Deputy-heads of temporary custody houses shall have to assist the heads of the houses according to assignments. Article 8.- Heads and deputy-heads of temporary custody houses, managerial and educational officials, medical, dossier, general, scouting and logistic personnel and armed guards must have good political quality, high sense of organization and disciplines, be professionally trained and have knowledge of law. Article 9.- Temporary custody houses and temporary custody rooms at border stations shall be solidly designed and built, equipped with locks and have sufficient light to ensure the health of those temporarily kept in custody or detainees, meet the environmental and hygienic standards as well as norms for fire prevention and fighting and suit the climatic conditions of each locality and the safety requirements concerning control of detention. The specific standards of temporary custody houses and temporary custody rooms at border stations shall be stipulated by the Ministry of Public Security and Ministry of Defense. SECTION B.- ORGANIZATION OF DETENTION CAMPS Article 10.- 1. The Ministry of Public Security, the Ministry of Defense, the Police Department of each province and centrally-run city (hereinafter called provincial Police Department), each military zone, each army corp and equivalent levels in the People�s Army may organize one or two temporary detention houses. Such houses shall have separate rooms for detaining persons under death sentence and rooms for temporarily keeping in custody persons on whom the temporary custody order has been issued and persons under decisions to serve imprisonment sentences and in waiting for their transfer to detention camps. These detention or temporary custody rooms shall be posted up with the signboards "room for temporary custody", "Room of detention of persons under death sentence" and "Room for detention of persons awaiting transfer to detention camps". The Minister of Public Security shall decide on the establishment, dissolution, size as well as the internal rules of detention houses of the Ministry of Public Security and provincial Police Department. The Minister of Defense shall decide the establishment, dissolution, sizes and internal rules of detention houses of the Ministry of Defense, military zones, army corps and equivalent levels in the People�s Army. 2. A detention house shall be staffed with a supervisor, a deputy supervisor, personnel, technicians, officers, non-commissioned officers and armed combatants performing guarding and defense tasks. The appointment and posting of staff members as well as the specific number thereof shall be stipulated by the Minister of Public Security and the Minister of Defense. Article 11.- 1. The detention house supervisor shall have the following tasks and powers: a) To run and take responsibility for the whole activities of the house under his/her charge as prescribed by law; b) To effect the detention, keeping in custody and release of persons temporarily kept and detainees upon the orders or decisions of competent persons as prescribed by the criminal procedures legislation; c) To help persons temporarily kept in custody and detainees exercise their rights and obligations in accordance with law and to forward detainees� petitions and appeals against sentences passed by first-instance or appellate courts to competent authorities for resolution within the time-limit prescribed by law; d) To notify in writing the body(ies) taking the cases which involved the persons temporarily kept in custody or the detainees of the expiration of the time-limit for temporary custody 1 day in advance, the expiration of the detention 5 days for the second notification and 10 days in advance for the first notification, and to request the body(ies) taking the cases to come to receive or settle cases of expiration of temporary custody or detention time-limit. Where such body(ies) fails to do so, petitions shall be made to the competent superior body of that body(ies) for resolution; e) To hand over the persons temporarily kept in custody or detainees upon exit orders of competent persons; f) To make close co-ordination with the bodies concerned in order to well serve the investigation, prosecution, trial and enforcement of imprisonment or death sentences; g) To report to competent bodies cases where decisions of detention, temporary custody or release are deemed contrary to law; and h) To carry out other activities in accordance with the provisions of law. 2. The detention house deputy supervisor shall be responsible for assisting the supervisor of the house according to his/her assignments. Article 12.- Supervisors, deputy supervisors , managerial and educational officials, officers, non-commissioned officers and armed guards who perform the guarding and defending of houses of detention must have good political quality, a sense of organization and disciplines, the knowledge of law and professional skills. Detention house supervisors and deputy supervisors must be the graduates from the College of Police, College of Public Security, College of Law or have the equivalent or higher level and have experience in detention and temporary custody management. Managerial and educational officials and commanders of forces defending houses of detention must be graduates from the intermediate police schools, the intermediate public security schools or have equivalent or higher levels and must be professionally trained. Article 13.- Houses of detention shall be solidly designed and built, equipped with locks and have sufficient lights to ensure the health of those temporarily kept in custody and detainees, meet the environmental and hygienic standards as well as norms for fire prevention and combat and conform to the climatic conditions of each locality and the safety requirements of detention and custody management. The specific standards of detention houses shall be stipulated by the Minister of Public Security and the Minister of Defense. Article 14.- Houses of detention shall set up infirmaries to provide medical examination and treatment for those being temporarily kept in custody and detained. Houses of detention under the Hanoi Police Department and the Ho Chi Minh City Police Department shall establish hospitals to provide medical examination and treatment for inmates of temporary custody and detention houses in accordance with the stipulations of the Ministry of Public Security and Ministry of Health. Chapter III REGIME OF MANAGEMENT OF TEMPORARY CUSTODY AND DETENTION Article 15.- 1. Detention and keeping in custody shall be sectored and classified as follows: - Women; - Minors; - Foreigners; - Persons contracted dangerous contagious diseases; - Ferocious thugs, murderers, robbers of properties and dangerous recidivists; - Persons having committed the offence of encroachment on national security; - Persons condemned to death by courts; and - Persons condemned to imprisonment sentences awaiting their transfers to detention camps. 2. Those persons involved in the same case that is being under investigation, prosecution and trial shall not be detained or kept in the same room. Separate detention and custody of each person shall be decided by the agencies that are hearing the cases. Foreigners who are detained or temporarily kept in custody may be detained or kept in separate rooms in temporary custody or detention houses. 3. Each detention house shall have an imprisonment penalty execution unit (called prisoners managing sub-house) which shall render such services as preparing and bringing meals, transport of supplies, do the cleaning-up, repair or construction of detention houses and serve detention and temporary custody requirements. The enforcement of imprisonment sentences at prisoners managing sub-houses shall comply with the Ordinance on Execution of Imprisonment Sentences and the Regulations of Detention Houses. The Minister of Public Security and the Minister of Defense shall decide on the establishment, resolution and size of the prisoners managing sub-houses as well as criteria of inmates thereof. Article 16.- When receiving persons temporarily kept in custody and detainees, heads of temporary custody houses and supervisors of detention houses shall effect the following procedures: - To examine the temporary custody orders, detention orders, hunting orders and other documents and to go through other necessary procedures to ensure detainment and keeping in custody of the right persons and in conformity with law; - To make records on the receipt of dossiers as well as persons subject to temporary custody and detention, at the same time to ascertain the state of their health; - To make identification and name slips, photographing and to make entry in the registry to follow up lists of persons temporarily kept in custody and detainees; - To make known the internal rules of temporary custody houses or detention houses to persons temporarily kept in custody and detainees, to check their body and their belongings before taking them to rooms for temporary custody or rooms of detention. Body check of male detainees shall be made by male officials and of female detainees by female officials and shall be effected in private rooms. Article 17.- Persons temporarily kept in custody and detainees shall be allowed to take into the temporary custody rooms or detention rooms the essential things for personal use according to the stipulations of the Ministry of Public Security and Ministry of Defense. Money and other properties carried along shall be deposited at the stipulated place in the temporary custody houses or detention houses or left to the care of their relatives. For those things that cannot be preserved during detention time and those things prohibited to take into temporary custody or detention rooms, and that must be destroyed, heads of temporary custody houses and/or supervisors of detention houses shall issue a written decision for destruction. The destruction must be witnessed by persons temporarily kept in custody or detainees and a report thereon must be made. When these persons are released or moved to other places for temporary custody or places of detention, their money and other properties deposited shall be returned to them. Where their money or properties are lost and/or damaged by the temporary custody or detention houses, compensation must be made to them. Article 18.- 1. Temporary custody houses and detention houses shall be placed under strict protection. Heads of the temporary custody houses and supervisors of detention houses shall detail their officials and combatants on duty round the clock for the purpose of control, patrol, guarding and inspection of each temporary custody or detention room as well as the entire temporary custody and

Decree 89/1998/ND-CP