CIRCULAR guide perform the custody measures according to the administrative procedures of the border guard, the coast guard _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based Ordinance handling administrative violations on 02 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Pursuant to Decree No. 162/2004/ND-CP of June 7, 2004 of the Government issued provisional regulations to keep people under administrative procedures;
Pursuant to Decree No. 19/2009/ND-CP dated 19 February 2009 the Government's amendments and supplements to some articles of the Statute the custody under administrative procedures attached to Decree No. 162/2004/ND-CP of June 7, 2004;
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Proposal of the Commander of the border guard, chapter I GENERAL PROVISIONS article 1. Scope this circular guides perform the custody measures according to the administrative procedures of the border guard, the coast guard and the secured mode for people detained.
Article 2. Application object 1. Vietnam citizens, foreigners have administrative violations in the field of the management of the border guard, the marine police; in the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations made under international treaties.
2. Those who have the authority to detain people under the administrative procedures of the border guard, the marine police.
Article 3. Application of temporary measures to keep people under administrative procedures 1. The application of interim measures to keep people under administrative procedure is only done in cases to competent people of the border guard, the Coast Guard has conducted time to verify identities, clarifying the nature and extent of violations and the important details regarding violations of , as a basis of decision sanctioning administrative violations or ensure the handling of administrative violations.
2. The violation of custody measures applied by administrative procedures.
a) violated the agreement on border regulation, regulation of land-border areas, the marine border area regulation, regulation of land border crossings; violation on the waters and continental shelf of Vietnam;
b) Should stop, suspend immediately the disturbing public order or cause injury to others happen in the border areas, Islands, on the waters and continental shelf of Vietnam;
c) Who were arrested by the decision in search of competent person (the police at district level, school principal brought, the Director of the institution, the basis of healing).
3. Who has the authority to detain people under the administrative procedures of the border guard, the coast guard, when measures of custody must comply with the provisions of article 44 Ordinance handling administrative violations; Decree No. 162/2004/ND-CP of June 7, 2004 of the Government issued provisional regulations to keep people under administrative procedures, Decree No. 19/2009/ND-CP dated 19 February 2009 the Government's amendments and supplements to some articles of the Statute the custody under administrative procedures attached to Decree No. 162/2004/ND-CP dated 7 September 2004 (regulation of custody the following administrative procedures) and this circular.
Article 4. Sample text used in custody who follow politics attached to this circular, the form of the text used in the custody of people according to the following procedure: 1. Model number 2: power of attorney.
2. Model No. 2: the minutes, receive the administrative violations.
3. Model No. 3: the custody decision under administrative procedures.
5. Model No. 4: the decision to move the administrative violation records signs so crime criminal liability.
4. Model No. 5: the decision to prolong the custody under administrative procedures.
6. Model No. 6: notification about the custody administrative offenders.
7. Model No. 7: hold people as administrative violations.
Article 5. The custody records according to administrative procedures 1. Border guard unit, the marine police have authority to detain people under the administrative procedure must be established to monitor the custody records, which are updated, documented, kept full and specific issues relating to the detention of people.
2. the custody records include the following documents: a) the minutes of administrative violations;
b) thereon, received the administrative violations;
c) decided to hold the following administrative procedures; the decision to prolong the custody under administrative procedures and other documents relevant to the person detained under administrative procedures;
3. Documents in the custody record under administrative procedures must be numbered, stamped in the cover profile and management according to the provisions of the law on management, security, Lu u keep records. Prohibits erased, corrected, changed the content or arbitrarily cancel the document of custody records. Who is responsible for managing offenders custody records, depending on the nature and extent of the violation being disciplined or treated in accordance with the law.
Chapter II JURISDICTION and CUSTODY PROCEDURES of the ADMINISTRATIVE PROCEDURE UNDER article 6. The custody jurisdiction under the administrative procedures 1. The custody jurisdiction under the administrative procedure conducted in accordance with point h, point i, paragraph 1 article 7 the custody regulations according to administrative procedures, including: a) the minor Minor border area head area; Squadron leader Squadron border; Sea border guard Squadron; The Chief frontier forts and the heads of border guard units stationed on the border, Islands;
b) Chief Squadron, Squadron Chief of the coast guard.
2. In the case of those defined in paragraph 1 of this article is absent, it is authorized to grant Associate right of custody. The authorization must be made in writing (model No. 01), which clearly define the scope, content, the proxy deadline.
Person authorized is not authorized for other people and are responsible for the decision to temporarily keep the people under its administrative procedures before the Chief level and the law.
Article 7. Affairs, received the person of administrative violations, the delivery person with administrative violations stipulates in article 8 the custody regulations under the administrative procedure shall be as follows: 1. The jurisdiction specified in paragraph 1, item 2 article 6 of this circular, upon who has the administrative violations by other individuals, leading to the award, must urgently conduct created a breach (if individual organizations that have not yet established) and the minutes delivered, getting people.
Report on the Affairs, received the person of administrative violations are recorded in full, clear the contents according to the regulations (model number 02); signed by the party, the receiving party who have violations and witnesses, the victims (if available). The case of the breach, the witnesses, the victims refused to sign, then set the minutes must specify on the minutes the reason for rejecting it.
2. for administrative violations are detected, prevented and set the minutes of the administrative violation or after setting the minutes, receive the person of the administrative violation, found the need to apply measures of custody must now decide the custody under administrative procedures.
Article 8. The custody decision under administrative procedures 1. When there are sufficient grounds and deems it necessary to apply for custody measures have made administrative violations, the authorities of the border guard, the coast guard is now writing the custody decision under administrative procedures.
The custody decision under administrative procedures are complete, clear the contents according to the regulations (model No. 03) and the seal of the agency decision of custody.
2. When there is evidence that violations of the person detained under administrative procedures of criminal signs, then the decision to transfer custody of the entire record, who hold the same exhibits, media (if any) for the investigating authorities have the authority to conduct the investigation according to the provisions of the law.
The decision to move the administrative violation records signs so crime criminal liability are recorded in full, clear the regulatory content (Pattern number 4).
Article 9. The custody time limit according to administrative procedures 1. According to the provisions in paragraph 3 article 2 the custody regulations according to the administrative procedures, the time limit for detention of people according to the administrative procedure was not too 12 hours from the time of start holding violators; in case of need, the time limit of detention may be extended, but not exceeding 24 hours.
For violations of the regulations of the border or administrative violations in the distant mountains, secluded forests, Islands, the time limit of detention may be extended to more people, but also not so 48 hour.
2. The time limit for custody is applied only in cases of real need, which is the case of the need to have more time to verify the person's identity makes it clear violation and the importance, complexity related to administrative violations of the person detained to make decision base handling administrative violations or to ensure the processing of with respect to the violation.
Before the expiry of the custody of the competent person, the border guard, the Coast Guard must make decisions extends the time limit for detention of people under administrative procedures (model number 05), but not so the maximum custody period.
3. where the time limit for detention of people in custody decisions and yet, but already make it clear or has finished processing violations or expiry of the custody under administrative procedures, the decision to terminate the right of custody for them and must log in administrative custody tracking , signed confirmation of the person detained.
If the person detained is not signed, then the decision of custody must proceed up the minutes or assigned to people who are directly the duty established and clearly into the minutes the reason people detained didn't register. The minutes must be signed by the person who set up the minutes, decision of custody and witnesses (if any).
Article 10. Announcing the decision to detain people under the administrative procedure

The notice of the decision to detain people under the administrative procedure for the family, organization, work, study or the father, mother, guardian of the person in custody to the provisions in article 10 regulation of custody the following administrative procedures are as follows: 1. for offending Vietnam citizens hold a) at the request of the person detained and based on each particular case, decide the custody may be notified by text, phone, Fax, or through the medium of other information about deciding custody person, agency, workplace, learning of the people detained said;
b) in the case of juveniles detained at night (from 22 hours to 10 a.m. the next day) or their custody on 6 hours, then the decision of custody must notify parents or guardians of they know. The case did not identify the father, mother, guardian, then tell the person with custody and stating the reason in the log book to track the administrative custody.
2. for foreigners who violate custody.
a) alien's passport or travel documents passport, change value window crews or no passport violations of administrative custody, the detention decision must proceed in full the procedure prescribed by the law (establishing the minutes of administrative violations the custody decision, ...), while the superior ởng heads report directly to notify the Ministry of Foreign Affairs (Consular Bureau or the Department of Foreign Affairs in Ho Chi Minh City) to coordinate processing.
The case of the diplomatic missions or consular representative body require contact with people of the country they hold, the Agency, the unit sends notifications are responsible for coordinating with the Foreign Ministry to arrange for representatives of diplomatic missions or consular representative bodies of water that consular visits and coordinate the handling of issues other related foreign;
b) for foreigners who are resident in the border area neighboring countries (China, Laos, Cambodia) crossing the border by border identification, passport, a certificate under the provisions of the agreement on the regulation of border or pass the exit and entry (use for sightseeing purposes , travel) under the agreement between Vietnam and its neighbors, there are administrative violations and detained under administrative procedures, the Chief frontier Outpost or the person authorized to conduct the full range of the procedure prescribed by the law (establishing the minutes of administrative violations the custody decision, ...) and immediately report to the Commander of the border defense command of the city, to inform the Ministry of Foreign Affairs (Consular Bureau or the Department of Foreign Affairs in Ho Chi Minh City), at the same time inform the border guard forces of the neighboring violators know to coordinate processing.
3. Temporarily hold people under administrative procedures must specify the base, the Unit conducted the custody, the information about the person with custody and detention places, period (model No. 12).
Chapter III where the CUSTODY, to ENSURE to PERSONS DETAINED UNDER ADMINISTRATIVE PROCEDURES article 11. Where the custody under administrative procedures 1. Where the custody under administrative procedure is the House or administrative custody Chamber (the House administrative custody) GE building at Camp reachable by (the U.S. border area, frontier, border defense Squadron, border Division of the border guard, city in Trungương , Coast Guard squadron, Coast Guard squadron) and attached to the sea: "the ADMINISTRATIVE CUSTODY".
2. Forms, the scale of administrative custody houses in subdivisions in paragraph 1 of this article when the build is done according to the provisions of article 11 regulation custody who according to administrative procedures and ensure the following requirements: a) based on geographical, nature and characteristics, conditions, the flow of people detained under administrative procedures , the actual requirements of the custody of the person to the layout, design, suitable for construction; Select the location to build a House of custody should be avoided near the canteen, where arsenal is not hygienic, safe for custody, does not affect the army, guarding and combat readiness of the unit;
b) administrative custody House is arranged where the custody for juveniles, women, foreigners; have locked the door, ensure that the light, airy, hygiene and fire safety, fire, convenient for the management, protection and have part-time officials management. People detained under administrative procedures must be arranged through the bed or the floor mats, blankets and curtains; the seat is located a minimum per person is 2 m 2;
c) unit case not have administrative custody, the House can hold violators in the live room, board room, meeting hall, another room in the barracks, administrative custody Chamber aboard the coast guard or in boats of the violators were arrested, but must guarantee the rule of law on the administrative custody.
3. direct management of officers who detained, have the responsibility to inform the administrative custody house rules for people detained said, to them self.
Article 12. The diet for people detained under administrative procedures in principle, all food and beverage costs, activities of the person detained in custody by the time the person detained or their family responsibility; the case of the person detained or their families does not ensure the agencies, units of the decision-makers secured custody of diet, living in the time of custody as defined in article 14 regulation of custody who follow politics.
Article 13. Handling people detained under administrative procedures in time ill hold 1. People detained under administrative procedures are ill during detention, the authorities, units of the custody decision to topical treatment for them; patients must take emergency then all the possibilities, conditions can the Organization urgently taking them to the medical facility of the State or private place to rescue, treat, and notify the families, their relatives know to take care of. When putting the person detained to the treatment facility to set the minutes closely, specifically, clear of the examination time, healing, disease status of the custody and other related matters; the minutes must be signed (specify, name or index) for the custody, detention authority and representation where examination and treatment.
Treatment time is not calculated in the hold time.
2. in case of family relatives, they have the form please take home care, healing and found no real need for continued detention, the authority the custody decision ended their custody who follow politics and tell them about the family.
Prior to the custody of the competent custody must set the minutes. The minutes must specify the health status of people detained at the time of the decision to terminate the custody under administrative procedures and other related issues such as property, vehicles, money, papers etc. of the detained, the signature of the person detained or their relatives, and family of the person who has the authority to temporarily hold people under administrative procedures. The case of money or property to send person's custody custody is lost, damaged, lost, the Agency, the decision of custody units are responsible for compensation.
3. for persons detained under administrative procedure there is no residence, no family, relatives or family, their relatives in far not up to to care or denial of care, then the units of the decision to temporarily keep the layout directly to where people detained visit , healing, care management.
Article 14. Handling people detained under administrative procedure died during detention in the processing of persons detained under administrative procedure died during detention made under the provisions of clause 2 article 15 temporary regulations to keep people under administrative procedures; who has the authority to decide the custody should conduct some of the following activities: 1. Protect the scene immediately, the superior Commander directly, the investigating agencies, the Procurator has the competence to resolve under the provisions of the law, at the same time inform the relatives, the family of the dead know.
2. Coordination with investigating authorities, the Procurator, health, relevant agencies to investigate, clarify the cause of death of the person in custody; provide adequate documentation, relevant information at the request of the relevant authorities.
3. Complete the profile, the report on the level directly under the rules.
4. The case of the detained foreigners are dead bodies, border guard units, the Coast Guard also follow the instructions in paragraph 1, paragraph 2 and paragraph 3 of this article, based on each specific case make the following: a) the person detained to have a passport or papers whose value replacing Passport Windows, crews also use value then the custody decision to the superior Commander reports directly to notify the Ministry of Foreign Affairs (Consular Bureau or the Department of Foreign Affairs in Ho Chi Minh City) or the competent State agencies in cooperation with diplomatic representations or consular representative bodies of water that the dead have to resolve nationality;
b) Person detained was the border area residents neighboring the Fort major frontier border command reports the Trungương cities, to ask for direction, at the same time notify the border guard forces of neighbouring residents die to coordinate processing.
After 24 hours, since when did notify the border guard forces of neighboring countries that they did not send representatives, relatives to get to no other requirements, then the Chief of Fort frontier border command reports the Trungương cities, to ask for guidance, and coordination with the relevant authorities ph Central Government, in ensuring the procedures, records and burial for the dead in accordance with the law of Vietnam.
5. The interred person custody death notes:

a) When investigating authorities and procuratorate system for allowing the burial, the dead man's family is responsible for organizing funeral, burial;
b) where the person detained is not Vietnam died with family, relatives or not to determine the place of residence, work, work, study ... of them to notice, then buried them under detention unit, in coordination with the local government settlement. The buried the dead made under the provisions of the law on the procedure of opening and ensure the environmental hygiene requirements;
c) where people detained under administrative procedures is dead alien, the funeral, burial to be addressed under the international treaties to which Vietnam is a member or pursuant to the law of Vietnam has up to aspirations of relatives who died or the proposal of foreign representative offices consular agency of the country where the dead are civilians.
Case international treaties or between State and Vietnam have detained people die not agreement, was about each specific case or did not identify the nationalities of the dead, funeral, burial to be applied as people hold Vietnam died;
d) the Organization of the buried person custody death are described by the minutes, has photographed records service work unit.
6. Funding secured for the funeral expenses for the dead family hold them responsible. Family cases they can't ensure the Agency, border guard unit, the marine police of the authority had decided to temporarily hold the responsibility to guarantee the costs buried under the rules.
Article 15. The case does not guarantee are costs 1. The following case th reachable deemed the detained under administrative procedures or families of people detained do not warrant the costs: a) the person detained or their families do not have the money or property;
b) family, the relatives or guardians of underage people were leaving custody custody;
c) Who is detained for unspecified ợng private residence, did not identify the family or no family, relatives;
d) family, relatives of persons detained in custody is not conditioned to nourish, replenish, care or work never interred.
2. ensure funding for meals, treatment, buried for the cases of people detained under administrative procedures do not guarantee was due to the State budget and taken from the funds of the Agency, the competent custody decisions.
Border guard unit, the marine police do have to hold open the books to keep track of and settlement in accordance with the law.
Chapter IV the TERMS OF IMPLEMENTATION of article 16. Secured funding 1. Funding secured for the adoption of interim measures to keep people under administrative procedures include the following expenses: a) the genus in form, the covers record, books catering for the adoption of interim measures to keep people under administrative procedures;
b) spent on construction, repair, upgrading of infrastructure of custody;
c) Genus stores furniture, means for the custody;
d) for more details, get the person who has administrative violations;
DD) spent eating, examination and treatment for persons detained, the costs for the funeral when the detained died in custody time for themselves, their families, not be guaranteed;
e) other expenses for the custody under administrative procedures.
2. Funding secured for the detention of people according to the administrative procedure by the State budget, was deployed in the estimation is authority delegated to the Department of Defense.
Article 17. Implementation 1. This circular effect since December 16, 2010.
2. The Commander of the border guard, the Marine Police Bureau is responsible for: a) the Organization holds to the units in the border guard, the coast guard and other agencies to implement the regulation of custody who follow politics and this circular;
b) every year, the required base, the mission and the custody status according to the administrative procedures, estimating funding secured in accordance with the budget Law and enforcement guidance documents;
c) collaboration with the relevant authorities in the General Department of logistics, agencies of the Ministry of Defense unified model to design the building of administrative custody, reports the Ministry approval;
d) track, the urge, check the Organization made. Annual progress reports, preliminary results implementation of the Defense Department.