📋 Tender Overview
With 426/430 delegates voting in favor, on the afternoon of December 10, the National Assembly voted to pass the Law on Enforcement of temporary detention, temporary detention and ban on leaving the place of residence. Chairman of the Law and Justice Committee Hoang Thanh Tung presented the Report on the reception, explanation, and revision of the draft Law. The approved Law has 12 chapters with 74 articles, stipulating principles, order, and procedures for implementing preventive measures in criminal proceedings including temporary detention, temporary detention, and ban on leaving the place of residence; organization, tasks, powers, model of agencies managing and enforcing custody, temporary detention, and prohibition of leaving the place of residence; rights and obligations of people held in custody, temporary detention, and people banned from leaving their place of residence; Responsibilities of relevant agencies, organizations, and individuals in implementing measures to prevent temporary detention, temporary detention, and ban from leaving the place of residence. The law stipulates principles for managing and enforcing temporary detention, temporary detention, and ban from leaving the place of residence, including: Compliance with the Constitution and laws; ensure human rights, interests of the State, and legitimate rights and interests of organizations and individuals. Ensure strict implementation of orders and decisions on temporary detention, detention, prohibition of leaving the place of residence, and release of competent agencies and persons. Humanitarian guarantees; Do not torture, coerce, use corporal punishment or any other form of treatment that violates the life, health, rights and legitimate interests of people who are detained, detained, or prohibited from leaving their place of residence. Ensuring that people held in custody, temporarily detained, and people prohibited from leaving their place of residence can exercise their human rights, rights and obligations of citizens if not limited by this Law and other relevant laws...Prohibited acts according to the provisions of the law include: Torture, coercion, use of corporal punishment; Forms of cruel, inhumane, degrading treatment or punishment or any other form that violates the legitimate rights and interests of persons held in custody, temporary detention, or persons prohibited from leaving their place of residence. Failure to comply or improperly or incompletely implementing orders or decisions of agencies or persons with authority to detain, temporarily detain, release, or prohibit leaving their place of residence. Illegally detaining people; illegally release detainees and detainees; violating regulations in the management, guarding, and escorting of detainees and detainees; Allowing people banned from leaving their places of residence to leave their places of residence illegally. Obstructing detainees and detainees from exercising their rights to visit relatives, defense rights, legal aid, consular contact, complaints, denunciations, human rights, other rights and obligations of citizens according to the provisions of this Law and other relevant laws. Destroying detention facilities, destroying or intentionally damaging property of detention facilities; organize escape or escape from detention; organizing escape or hiding while being escorted or prohibited from leaving the place of residence; Regarding the regime of sending and receiving letters, books, newspapers and documents of persons held in custody or temporary detention (Article 29), the law stipulates: Persons held in custody or temporary detention may send or receive letters, books, newspapers and documents when permitted by the agency handling the case. Persons in detention whose judgment has taken legal effect, are awaiting execution and are not suspects or defendants in other cases may send or receive letters, books, newspapers and documents. Letters, books, newspapers and documents must be open and subject to inspection and censorship by the detention facility. Before voting, the National Assembly heard Chairman of the Law and Justice Committee Hoang Thanh Tung, on behalf of the National Assembly Standing Committee, present a report on the reception, explanation and revision of a number of major issues of the draft Law on Enforcement of Custody, Temporary Detention and Prohibition from Leaving Place of Residence. Regarding the regime of receiving gifts from detainees and detainees in Clause 2, Article 27 of the Draft Law, many opinions suggest keeping the regulations as in the current Law, according to which detainees and detainees can receive gifts including money and artifacts sent by relatives. Some opinions agree with the Draft Law as submitted by the Government, which stipulates that detainees and temporary detainees can only receive money and essential items for daily living. The National Assembly Standing Committee said that because there are still different opinions on this issue, the National Assembly Standing Committee has directed the Secretary General of the National Assembly and the Head of the National Assembly Office to send ballots asking for opinions from National Assembly deputies. Receiving opinions from the majority of National Assembly deputies, the National Assembly Standing Committee has directed to revise this content in the direction of keeping it as prescribed by the current Law as shown in Clause 2, Article 27 of the Draft Law submitted to the National Assembly for consideration and approval. This content has also been similarly adjusted in Article 49 of the Draft Law on Execution of Criminal Judgments (amended). Regarding the regime of sending and receiving letters, books, newspapers and documents of detainees and detainees in Article 29 of the Draft Law, to ensure that it does not affect the investigation, prosecution and trial activities when the case is being resolved, it is necessary to stipulate that detainees and det
