Chapter VII
TO ENSURE CONDITIONS OF MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY
Article 38. To ensure staff, personnel, facilities and funding in service of management and execution of temporary detention or custody
1. The State ensures the staff and personnel for the bodies managing and executing the temporary detention or custody. The persons performing the management and execution of temporary detention or custody shall be trained, re-trained with professional skills and laws in line with their assigned duties and power.
2. The state ensures the facilities for the management and execution of temporary detention or custody including land, office, custody works and ancillary works, equipment, weapon, assistive tools, means of transportation and communication, professional techniques and other technical and material conditions. The priority of facilities is given to the custody facilities in remote areas, mountainous areas, social-economic area with particularly difficult conditions, critical areas of national security, social order and safety.
3. The State ensure the funding for activities to implement the benefits of temporary detention or custody. The estimation, use and settlement of funding to ensure the management and execution of temporary detention or custody shall comply with the provisions of the Law on the State Budget.
Article 39. Use of weapon, professional technical means and assistive tools
The officers, non-commissioned officers, professional servicemen, soldiers, people’s policemen and people’s Army soldiers are permitted to use weapons, professional technical means and assistive tools on duty of execution of temporary detention or custody.
Article 40. Database of execution of temporary detention or custody
1. The database of execution of temporary detention or custody is managed by the Ministry of Public Security and is a part of national database concerning the information on criminal prevention and fighting to serve the state management on execution of temporary detention or custody.
2. The development, collection, storage, processing, protection and use of database of execution of temporary detention or custody shall be stipulated by the Government.
Article 41. Benefits and policies to the bodies, organizations and individuals in management and execution of temporary detention or custody
1. The officers, non-commissioned officers, professional servicemen, soldiers, people’s policemen, people’s Army soldiers, workers and officials of public security and defense performing duties of management and execution of temporary detention or custody are entitled to the incentive benefits and policies in accordance with regulations of law.
2. The bodies, organizations and individuals involved in the management and execution of temporary detention or custody and having achievements shall be commended and shall be entitled to the benefits and policies in accordance with laws in case of damage to their life, health or properties.
Tìm kiếm
Luật thi hành tạm giữ, tạm giam 2015 (Bản Word)
Luật thi hành tạm giữ, tạm giam 2015 (Bản Pdf)