Nghị định 113/2021/NĐ-CP sửa đổi Nghị định 120/2017/NĐ-CP hướng dẫn Luật Thi hành tạm giữ, tạm giam

DECREE

ON AMENDMENT TO DECREE NO. 120/2017/ND-CP DATED NOVEMBER 6, 2017 OF THE GOVERNMENT ELABORATING THE LAW ON DETENTION AND CUSTODY 

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to the Law on Detention and Custody dated November 25, 2015;

At request of Minister of Public Security;

The Government promulgates Decree on amendment to Decree no. 120/2017/ND-CP dated November 6, 2017 of the Government elaborating the Law on Detention and Custody.

Article 1. Amendment to Decree no. 120/2017/ND-CP dated November 6, 2017 of the Government elaborating the Law on Detention and Custody 

1. Amend Clause 1 Article 4 as follows:

“1. Monthly food allowance of a person in temporary custody include: 17 kg of ordinary rice; 15 kg of vegetables; 1 kg of pork; 1 kg of fish; 0,5 kg of sugar; 0,75 liters of fish sauce; 0,2 liters of cooking oil; 0,1 kg of monosodium glutamate; 0,5 kg of sale; other seasoning equivalent to 0,5 kg of ordinary rice; combustibles equivalent to 17 kg of firewood or 15 kg of coal.

Food allowance of a person in temporary detention shall be calculated on a daily basis based on food allowance of a person in temporary custody.

The food allowance shall be regulated by the Government and converted to monetary value which is the average value according to market price where the detention or custody facility is located.”.

2. Amend Clause 3 Article 4 as follows:

“3. Persons in temporary detention or temporary custody who are pregnant women or women raising children under 36 months of age are entitled to 2 times the daily food allowance mentioned under Clause 1 of this Article which will be modified according to indications of physicians or doctors. Persons in temporary detention or temporary custody shall have their hospital bill paid for and be eligible for a one-time provision of essential childcare supplies equivalent to 1 month’s worth of food allowance for children under 36 months of age staying with their mothers in detention or custody facilities.”.

3. Amend Clause 1 Article 6 as follows:

“1. Persons in temporary detention or temporary custody are entitled to clothing items, blankets, mats, mosquito nets, and other personal belongings and can borrow from the detention or custody facilities as follows: 1 mat; 1 mosquito net for personal use; 1 pair of flip-flops; 2 long-sleeve shirts and pants; 1 warm shirt for the winter (for provinces northward from Thua Thien Hue and 5 provinces of the central highlands) and 1 blanket (for provinces northward from Thua Thien Hue and 5 provinces of the central highlands, use quilt blankets no heavier than 2 kg; for other provinces and cities, use yarn blankets).

Persons in temporary detention are eligible to: 1 toothbrush; no more than 20 g of toothpaste; 1 handkerchief; 0,1 kg of soap, 20 ml of shampoo. When persons in temporary detention are transferred to temporary custody, they remain eligible for toothbrushes and handkerchiefs applicable to persons in temporary custody.

Persons in temporary custody are entitled to: 1 toothbrush, 1 handkerchief for 3 months of use; no more than 100 g of toothbrush for 2 months of use; 0,3 kg of soap and 70 ml of shampoo every month.

Women in temporary detention or temporary custody are entitled to essential sanitary equipment equivalent to 2 kg of ordinary rice/person/month.”.

4. Amend Clause 1 Article 7 as follows:

 “1. Cost for medicine for regular illnesses of persons in temporary detention or temporary custody equals 3 kg of ordinary rice/person/month.”.

5. Amend Article 8 as follows:

“Article 8. Care and nurture for children under 36 months of age staying with their mothers in detention or custody facilities

1. Meal allowance of children under 36 months of age staying with their mothers in detention or custody facilities shall equal monthly care allowance for children under 4 years of age staying in social support facilities as per applicable laws; in holidays or new year events, children are entitled to 5 times the daily meal allowance as per the law; in International Children’s day (June 1^st) and Mid Autumn Festival (August 15^th of Lunar Calendar), children are entitled to 2 times the daily meal allowance. Milk and domestic supplies equivalent to 20 kg of ordinary rice/children shall be provided on a monthly basis. Based on age and practical conditions, heads of detention and custody facilities shall change meal allowance to meet nutrition demands of children or covert to money and allow the mothers to use for childcare purpose.

2. A child under 36 months of age staying with his/her mother in a detention or custody facility is entitled to: 1 blanket, 1 mosquito net depending on age; 1 warm outfit/year (for provinces northward from Thua Thien Hue and 5 provinces of the central highlands); 1 pair of flip-flop/6 months; 2 outfits of regular fabric/6 months; 1 handkerchief/3 months; 0,3 kg of soap/month.

3. Children under 36 months of age staying with their mothers in detention or custody facilities are entitled to health insurance cards, access to health examination and treatment in accordance with Law on Children and the Law on Health Insurance. If a child’s condition exceeds treatment capacity of the facility’s infirmary, the detention or custody facility shall adopt procedures for referring to medical facility of the state; the head of the detention or custody facility shall decide on extraction and escort of the mother to accompany the sickened child.

Detention and custody facilities are responsible for incurring costs arising in medical examination and treatment of children under 36 months of age staying with their mothers in detention or custody facilities provided at the infirmaries, hospitals of the detention and custody facilities and medical facilities of the State. If children under 36 months of age staying with their mothers decease, funeral costs shall equal those applicable to persons deceased while in temporary detention or temporary custody.

4. Regulations applicable to children from 36 months of age staying with their mothers in detention or custody facilities while waiting for transfer to social support facilities or to next of kin shall conform to this Article”.

6. Amend Clause 1 and Clause 3 Article 10 as follows:

“1. When a person dies while in temporary custody or temporary detention, the costs for shrouding include: the costs for purchasing a regular wooden coffin, 1 long outfit and 1 set of new undergarment, 4 m² of shroud fabric, incense, candles, sanitary alcohol, and money to cover other costs equivalent to 100 kg of ordinary rice”.

“3. When a person dies while in temporary custody or temporary detention and his/her relatives transport the corpse for burial, the transportation and burial costs equivalent to 200 kg of ordinary rice shall be incurred by the detention or custody facility.”.

Article 2. Responsibilities for implementation 

1. Minister of Public Security and Minister of National Defense are responsible for cooperating, guiding, and organizing the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

Article 3. Entry into force 

This Decree comes into force from the day of signing.

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