Chương II Luật thi hành tạm giữ, tạm giam 2015: Hệ thống tổ chức, nhiệm vụ, quyền hạn của cơ quan quản lý, thi hành tạm giữ, tạm giam

Chapter II

ORGANIZATION SYSTEM, DUTY AND POWER OF BODY MANAGING AND EXERCISING THE TEMPORARY AND CUSTODY DETENTION

Article 10. Organization system of body managing and exercising the temporary and custody detention

1. The bodies managing the temporary detention or custody in the people’s Public Security include:

a) The body managing the enforcement of criminal judgement and judicial assistance under the Ministry of Public Security shall manage the temporary detention or custody nationwide (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Public Security).

b) The body enforcing the criminal judgement of Public Security of provinces and centrally-run cities shall manage the temporary detention or custody within the provinces and centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at provincial level).

c) The body enforcing the criminal judgement of Public Security of districts, towns, provincial cities and cities under the centrally-run cities shall manage the temporary detention or custody within the districts, towns, provincial cities and cities under the centrally-run cities (hereafter referred to as the body managing the temporary detention or custody at district level).

2. The bodies managing the temporary detention or custody in the people’s Army include:

a) The body managing the exercise of criminal judgement under the Ministry of Defense shall manage the temporary detention or custody (hereafter referred to as the body managing the temporary detention or custody under the Ministry of Defense).

b) The bodies enforcing the criminal judgement of military zone and the equivalent shall manage the temporary detention or custody of the detention and custody centers of the areas under their management.

c) The Command of Border Guard at provincial level shall manage the temporary detention of detention cells of border posts.

Article 11. Organization system of bodies execising the temporary detention or custody

1. The bodies execising the temporary detention or custody include:

a) Detention center under the Ministry of Public Security;

b) Detention center under the Ministry of Defense;

c) Detention center of Public Security at provincial level and under the military zone and the equivalent (referred to as the detention center at military zone level);

d) Detention center of Public Security at district level and of criminal investigation Body in the people’s Army;

dd) Detention cells of boder posts in the island and border far away from district administrative center.

2. The Minister of Public Security shall decide the establishment, dissolution, size and design of detention facilities; issue rules of detention facilities in the people’s Public Security.

The Minister of Defense shall decide the establishment, dissolution, size and design of detention facilities; issue rules of detention facilities in the people’s Army.

Article 12. Duties and power of bodies managing the temporary detention or custody

1. Duties and power of bodies managing the temporary detention or custody under the Ministry of Defense:

a) Assist the Minister of Public Security and Minister of Defense to perform the duties and power specified in Article 63 and 64 of this Law;

b) Implement the law on temporary detention or custody;

c) Give professional direction and provide instructions on uniform application of law on temporary detention or custody;

d) Decide the transfer of persons held in temporary detention or custody between the detention centers;

dd) Perform the inspection and examination on temporary detention or custody under their authority;

e) Thực hiện chế độ thống kê, báo cáo về thi hành tạm giữ, tạm giam;

Implement the regulations on statistics and report on exercise of temporary detention or custody;

g) Summarize the activities of temporary detention or custody;

h) Perform other duties and power assigned by the Minister of Public Security and Minister of Defense.

2. Duties and power of bodies managing the temporary detention or custody at provincial and military zone level:

a) Assist the Director of Public Security at provincial level and military zone to manage the activities of temporary detention or custody in the area;

b) Implement the law on temporary detention or custody;

c) Give professional direction and inspect the activities of temporary detention or custody of detention centers and custody centers;

d) Decide the transfer of persons held in temporary detention or custody between the detention centers within province or military zone;

dd) Perform the inspection and examination on temporary detention or custody under their authority;

e) Summarize the activities of temporary detention or custody and perform the regulations on statistics and report on exercise of temporary detention or custody as guided by the bodies managing the temporary detention or custody under the Ministry of Public Security and the Ministry of Defense;

3. Duties and power of bodies managing the temporary detention or custody under the public security of district level and the criminal investigation bodies of area in the people’s Army:

a) Assist the Police Chief at district level and the Head of criminal investigation bodies of area to manage the activities of temporary detention or custody in the area;

b) Give professional directions and inspect the activities of temporary detention or custody of detention centers;

c) Summarize the activities of temporary detention or custody and perform the regulations on statistics and report as guided by the superior bodies managing the temporary detention;

d) Directly manage the detention centers under the district level Public Security and the criminal investigation bodies of area in the people’s Army.

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

a) Give professional direction and inspect the activities of temporary detention of detention cells of border posts;

b) Summarize the activities of temporary detention and perform the regulations on statistics and report.

Article 13. Duties and power of detention centers and custody centers

1. The detention centers and custody centers have the following duties and powers:

a) Receive, prepare dossiers, personal information form and fingerprint information form of the persons held in temporary custody by the order and decision of the competent persons specified in the Criminal Procedure Code or the person having the transfer decision as stipulated by this Law.

b) Take measures to manage the persons held in temporary detention or custody;

c) Take measures to protect the life, body, properties and to respect the honor and dignity of persons held in temporary detention or custody;

d) Ensure the persons held in temporary detention or custody exercise their rights and obligations as stipulated by this Law and the relevant laws; handle the proposals under their authority or transfer the appeals, complaints, denunciations, requests and proposals of the persons held in temporary detention or custody to the competent authorities for settlement;

dd) Hand over the persons held in temporary detention or custody by the order of extraction or transfer decision of the competent persons.

e) Report to the competent authorites when there are the grounds that the decisions on temporary detention, custody or release are illegal;

g) Coordinate with the relevant bodies, organizations and individuals in investigation, adjudication and judgement enforcement;

h) Inform in writing to the body which is handling the case 01 day before the expiration of duration of temporary detention or extension of detention, 05 days before the expiration of temporary custody, 10 days before the expiration of extension of temporary custody duration and request the settlement from the body which is handling the case in accordance with the regulations of law; where the duration of temporary detention or custody is over but the body which is handling the case does not settle it, request the People’s Procuracy having the authority to control and supervise the management and execution of temporary detention or custody for settlement.

i) Release the persons held in temporary detention or custody under the decision of competent authority or person;

l) Do statistics and report on temporary detention or custody.

2. For the detention centers and custody centers of district public security, in addition to the duties and power specified in Clause 1 of this Article, they also have the duties and power to receive and manage the detention, custody, education and reform towards prisoners and perform other duties and powers in accordance with regulations of law on enforcement of criminal judgement.

3. The head of detention centers and Superintendent of custody centers have the following duties and powers:

a) Perform duties and power of detention centers and custody centers specified in Clause 1 and 2 of this Article;

b) Decide the classification and organize the custody towards the persons held in temporary detention or custody;

c) Decide the inspection, seizure and handling of documents and objects included in the banned list;

d) Give the extraction order for examination and treatment and for custody activity; decide the meeting with relatives, advocate or legal representative to exercise some rights and obligations presribed by law;

dd) Implement the extraction order or decision of competent authorities to the foreigners who are held in temporary detention or custody for consular contact or contact with humanitarian organizations.

e) Organize safe protection of detention centers; ensure environmental sanitation, prevention and control of natural disaster and diseases; inform the nearest medical body upon occurrence of disease for coordinated eradication of disease.

4. The Deputy Head of detention centers and Deputy Suprintendent of custody centers are responsible for assisting the Head of detention center and Suprintendent of custody center under the assignment or authorization of Head of detention center and Suprintendent of custody center and shall take responsibility within their assigned tasks.

5. The Head and Deputy Head of detention centers and the Suprintendent and Deputy Suprintendent of custody centers, the persons exercising the temporary detention or custody must take responsibility for their acts and decisions in compliance with law on enforcement of temporary detention or custody; in case of violation, depending on the nature and seriousness, they shall be disciplined or prosecuted for criminal liability.

Article 14. Structure and organization of detention center and custody centers

1. The detention center is organized as follows:

a) The detention center has detention cells, custody cells, solitary confinement, prisoner managing cells; has works in service of management of custody and criminal proceeding activities. Depending on custody scale, the detention center can have some works for living activities, healthcare and education towards the persons held in temporary detention or custody and enforcement of sentence; works of working and living activities for officers, professional servicemen, non-commissioned officers, soldiers, workers and officials working at the detention center;

b) The organization of detention center in the people’s Public Security includes the Head and the Deputy Head, officers, non-commissioned officers, soldiers, workers and officials working as educator-warden, reconnaissance, security, judicial assistance, general advice, logistics, engineering, education, health, dossier;

c) The organization of detention center of the criminal investigation body of area in the people’s Army includes the Head and Deputy Head, officers, professional servicemen, non-commissioned officers, soldiers, workers and defense officials working as educator-warden, reconnaissance, security, judicial assistance, general advice, logistics, engineering, education, health, dossier;

d) The Head and Deputy Head of detention centers must have police university degree or security university or law bachelor or higher education and ensure the other standards specified by the Government.

2. The custody center is organized as follows:

a) The custody center has custody sub-center, custody areas, custody cells, detention cells towards the persons who are waiting to abide by their imprisonment sentence, cells for persons with death sentence, solitary confinement, prisoner managing sub-center; works in service of custody management, proceedings, judgement enforcement, living, healthcare and education towards the persons held in temporary detention or custody, exercising the imprisonment, works of working and living activities for officers, professional servicemen, non-commissioned officers, soldiers, workers and officials working at the custody center;

b) The organization of custody center in the people’s Public Security includes the Suprintendent, Deputy Suprintendent, Head of sub-center, Deputy Head of sub-center, Team Leader, Deputy Team Leader, Head of medical facility, offficer, non-commissioned officers, soldiers, workers, officials and is organized into custody teams and sub-centers and prisoner managing sub-centers to carry out the duties of educator-warden, reconnaisance, security, judicial assistance, enforcement of criminal judgement, general advice, logistics, engineering, education, health, dossier;

c) The organization of custody center in the people’s Army includes the Suprintendent, Deputy Suprintendent, Political Instructor, Head and Deputy Head of sub-center, Team Leader, Deputy Team Leader, Head of medical facility, offficer, non-commissioned officers, soldiers, workers, defense officials that may be organized into teams to carry out the duties of educator-warden, reconnaisance, security, judicial assistance, enforcement of criminal judgement, general advice, logistics, engineering, education, health, dossier;

d) The Suprintendent, Deputy Suprintendent, Head and Deputy Head of sub-center, Deputy Team Leader specified under Point b and c, Clause 1 of this Article must have police university degree or security university or law bachelor or higher education and ensure the other standards specified by the Government.

3. The detention cells, custody cells in the detention centers and custody centers are designed and built solidly with locks and security control facilities and adequate lighting to ensure health of the persons held in temporary detention or custody, environmental sanitation, fire prevention and fighting safety in accordance with climate properties of each locality and requirements for custody management.

The working offices of body and persons conducting the proceedings and advocate are designed and built to ensure the safety and meet the requirements for investigation and handling of cases and defense.

Article 15. Detention cells of border posts

1. The border posts in remote areas have the authority to conduct some investigations and can organize their detention cells to manage and carry out the regulations on temporary detention towards the persons held in temporary detention under the decision of Head of border post and other competent persons in accordance with the provisions of the Criminal Procedure Code.

2. The detention cells of border posts have Heads who are under direct management of the Head of border post. The head of detention cell has duties and power in managing the persons held in temporary detention like the Head of detention center in accordance with the provisions in Clause 3, Article 13 of this Law.

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