CIRCULAR guiding the implementation of some articles of the Statute the custody under administrative procedure (attached to Decree No. 162/2004/ND-CP of June 7, 2004) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ to make consistent the application of interim measures to keep people under the administrative procedure, the Ministry of public security guiding the implementation of some articles of the Statute the custody under administrative procedure (attached to Conference No. 162/2004/ND-CP dated 7 September 2004 are as follows: i. the CASE APPLIED the CUSTODY MEASURES UNDER ADMINISTRATIVE PROCEDURES 1. The determination of the case are measures of custody the following administrative procedures are done in accordance with the provisions of article 2 of the regulation of custody who follow politics attached to Decree No. 162/2004/ND-CP dated 7 September 2004 (here written as custody regulation who follow administrative procedures) and the guidance in this circular.
2. where the administrative violations with no identification, no fixed residence are specified in point b of paragraph 2 article 2 the custody regulations according to administrative procedures that need attention: a) who do not have valid who is not carrying the identity card or passport is still valid or valuable documents replace the Passport. The case does not carry the papers that they have these other photo papers attached as a driver's license, student card, membership card, you can also consider that there is valid;
b) who do not have place of residence for the person not to determine where the resident registration or temporary registration, no fixed accommodation; people who have registered permanent residence or temporary stay registration but not living there and there is no fixed accommodation.
II. On The DURATION Of CUSTODY Who FOLLOW ADMINISTRATIVE PROCEDURES 1. According to the provisions in paragraph 3 article 2 the custody regulations according to the administrative procedures, the time limit of detention not exceeding 12 hours from the time of start holding violators; in case of need, the time limit of detention may be extended, but not so for 24 hours.
For people who violate the border regulation or administrative violations in the distant mountains, secluded forests, Islands, the time limit of detention may be extended but not so 48 hours from the time of start holding violators.
The duration of custody must be specified in the decision to detain people under the administrative procedure is what custody, starting hour of the day, month and year to hour of the day, month, year.
In any case, the detention of people according to the administrative procedure must have the written decision of the competent person. Prohibiting the arbitrary detention of people without the written decision.
2. The time limit for custody is applied only in cases of real need, which is the case: the need to have more time to clarify the background verification, identity and violators of important, complex related to the violation of the custody order as a base the decision handling administrative violations or to ensure the disposal for with violations.
3. Upon expiry of the custody, the custody decision to terminate immediately the detention for persons detained and must log to track people with administrative custody, signed confirmation of the person detained. The case of the detained refused to sign on as the administrative custody when expiry of the custody, the custody decision established thereon or assigned to people who are directly enforceable undertaking formed thereon and stating the reasons in the minutes to save the custody record. The minutes must be signed by the witness (if any), who founded thereon, who had the custody decision.
III. Delivery, GET The PERSON Who HAS ADMINISTRATIVE VIOLATIONS 1. Competent person custody must urgently proceed up the minutes delivered, received the person of administrative violations with the Organization, the other individual violator award to lead or assigned to people who are conducting the mission founded thereon, received.
Report on the Affairs, received the person of administrative violations must specify hour, minute, day, month, year, location set thereon; they, the name, position and address of the individual, the Organization, the receiving party; they, the name, address, identity card number, or other identification of the violations; time, location make violations, violations; health status, attitudes of the violations, the exhibits, their assets (if any) and other details related to the delivery, get the violation; the case of witnesses, victims, they must specify the content that they are witness to, the damage by the person who has caused the violation; they, the name, the address of the witness, the victims. The minutes must be signed by the party, the receiving party and of the people there are violations, victims, witnesses (if any); who has the authority to detain people under the administrative procedure signature, stamp the Agency to report on the Affairs, admitted the violation. The case of the infringement, victims, witnesses refused to sign the founding documents must specify the reason on the minutes.
Report on the Affairs, received the person of administrative violations must be established as two a the same and read for all participants sign the hearing thereon; party, Party Affairs each side holding a.
2. As soon as administrative violations are detected, prevented and set a record of violations or after establishment of the minutes, receive the person of the administrative violations by other individuals, leading to the award, if found to detain people under the administrative procedure, the authorized person must now decide the custody.
Not enough base case or not it is necessary to apply provisional measures to keep people under administrative procedures must be freed immediately and return them to that person of means, of property, papers (if available) for them if the means, of property, this paper was not applying interim measures keep exhibits means of administrative violations.
IV. The CUSTODY DECISION UNDER ADMINISTRATIVE PROCEDURES 1. The case has enough base and deems it necessary to adopt provisional measures to keep people under administrative procedure for people who had made violations of the law, the authorities decided to detain people under the procedure specified in article 7 the custody regulations under administrative procedures are now writing the decision of custody.
The custody decision under administrative procedures must specify: the number of the decision; hours, minutes, day, month, year of decision; they, name, rank, position, authority, units of the decision; to base custody decisions, articles, legal documents and terms to be applied; the reason for detention; they, the name, date of birth, place of birth, place of registered permanent residence, temporary residence, profession, place of work, study, number of identity card (if any) of the person in custody; they, the name of the father, mother or guardian of the person in custody (if a minor); nationality, passport number or passport replacement documents (if the person in custody are foreigners); the duration of custody; the place of detention; appeal rights, accusations and claims regarding custody decisions and the implementation of the measures prescribed by law; signature, stamp of the agency decision of custody. The decision of custody must be established as two a the same, delivered to the custody of a a, a a save in the custody record.
2. In case the need to prolong the custody instructions in clause 2 section II of this circular, then before the expiration of the custody record of decision, the competent custody decision to extend custody, but also not too the maximum term prescribed in clause 3 article 2 the custody regulations according to administrative procedures. The content of this decision must clearly decide, hour, minute, day, month, year of decision, basing decisions, articles, legal documents and terms to be applied, they, the name, position, rank, agencies, units of the decision; they, the name, address, the number of civil proof (if any) of the person with custody extended; the place of detention; the reason, the time limit for the extension of custody; the right to complain, report, sue for the decision to extend the custody of persons detained under the provisions of the law and sign, stamp of the agency decision. The decision to extend the term of custody must be established as two, a custody records, a copy of the custody before expiry of the custody where they are.
3. where not all the time limit stated in the decision of custody, but were investigating, verifying the clarification, there is sufficient basis to conclude and processed onions, then violated spending decisions on hold to the decision to terminate immediately the detention of people according to the administrative procedure, the detention was a , a custody records and must log to track the administrative custody. The content of decision ended their custody who follow administrative procedures must specify the number of the decision, hour, minute, day, month, year of decision, basing the decision; they, the names, positions, ranks, units of agency decision; they, the name, address, identity card number, or other papers or chếu households whose value replacing the Passport (if available) of the person being terminated the custody; the reason for termination of the custody, article, clause laws apply and sign, stamp the Agency under the provisions of the law.
4. When there is evidence that violations of the laws of the people detained under administrative procedures of criminal signs, then the decision to immediately transfer custody of records and the Babysitting is temporarily attached exhibits, the media breached (if any) to the body conducting the criminal proceedings has the authority to resolve under the provisions of the law.
V. NOTICE OF CUSTODY DECISIONS

1. At the request of the person detained and depending on each particular case, decide the custody may be notified by text, telephone, FAX or other means other information about deciding the custody under administrative procedure for the family, the workplace, learning of the people detained in the term person is executor of custody decisions. If due to objective reasons which can not be informed they must tell the person with custody and log to track the administrative custody.
2. In the case of detention juveniles administrative violations at night (from 22 to 5 am 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 or because of objective reasons which can not be reported immediately to the person detained to know and must specify the reason on as people detained.
3. where the detained person is a foreigner, the decision of custody must immediately report to the heads of the competent superior bodies know to inform the Ministry of Foreign Affairs (Consular Bureau or the Department of Foreign Affairs in Ho Chi Minh City) to inform the diplomatic missions or consulates of the countries to which that person is a citizen; in coordination with the Foreign Ministry to arrange for representatives of diplomatic missions or consulates of countries that met the consular visits if required and coordinate the handling of other foreign issues are concerned.
VI. Where The CUSTODY UNDER ADMINISTRATIVE PROCEDURES 1. Where the custody under administrative procedure is the administrative detention or administrative detention Chamber is arranged at the Agency headquarters, the work of the authority the decision of custody administrative offenders. The absence of home detention or administrative detention, the Administrative Chamber can hold in the room or room Board directly at the workplace, but must ensure that the common rules.
Home administrative custody or administrative detention Chamber should have locked the door, ensure that the light, air, and fire safety, fire, convenient to the look, protect. People detained overnight must be arranged the bed or the floor is located; the area is a minimum for each person is not under 2m2.
2. The Agency has the function prevention of violation of the laws often are administrative offenders custody need layout, construction of administrative custody or custody and Administrative Chamber has dedicated staff to manage, protection.
Forms, the scale of the place of custody administrative offenders must base on the nature, characteristics, conditions, the flow of people detained, the actual requirements of the custody administrative offenders in each of the disciplines, fields, specific to the layout, design, build to suit.
VII. The BOOKS, RECORDS of TEMPORARY bookkeeping WORK, the track record of custody the person according to the administrative procedure, in particular as follows: 1. The books track the custody the entire administrative procedure according to the issues related to the custody must be recorded promptly , complete, specific, accurate, clear on "as people with administrative custody", namely: a) the first Page of log book must specify the name of the agency or unit where the competent person to custody; time to open the Windows; has the sign of its heads of custody and place sealing;
b) From the second page onwards, vertical log book, depending on the specific content guys 8 columns, the distance between the columns are narrow, wide guys accordingly and are numbered from 1 to 8, from left to right, the content of each column are shown: (1): number; (2): human body hold (this column write them, name; date of birth; the profession, hometown, stay consistent, the cash money; (if available) of the person detained, (3) the decision Of the custody, detention time, reasons for custody; (4): the time of the decision to terminate the custody; (5) the objects, documents, assets custody; send assets custody; (6): announcements, visit the met (this column write the problem is related to the person who has the authority to temporarily keep the custody decision notice for family, relatives who were on hold and the visit to meet people detained as: they, who visit the met, sending a gift, etc.); (7): other related issues (issues related to the custody, such as sickness, disease, death, moving to handle criminal etc.); (8): signature of person in custody (this column to the person detained or can record the opinion of people detained when termination of custody).
To manage well as people detained, the page in the window must be numbered from one to the end, between the pages of paper to be stamped. The last page of the book to track the administrative custody must specify: "the right to this book have been used up in days, months, years..." and sign your name, confirmation of the stamp heads the unit.
2. The record of the detention the following administrative procedures When the custody of people, who have the authority to set up detention records to monitor, which is updated, documented, kept fully and specifically the issues related to the custody. Custody record includes the following documents: report on administrative violations, report delivery, get the person who has administrative violations, the decision to detain people under the administrative procedure, the decision to extend the detention, decides to terminate the custody under administrative procedures and other documents relevant to the person detained. The documents in the record must be numbered and must close on the cover profile.
3. On preserving books, record books, records of the work of the custody must be tight and careful preservation is made according to the provisions of the law on management mode, security, retention of records. Prohibiting the arbitrarily erased, corrected, changed the content or torn, burned books, records of custody. Violations, then depending on the nature and the level will be disciplined or treated in accordance with the law.
VIII. FUNDING SECURED For The IMPLEMENTATION Of The MEASURES Of CUSTODY Who FOLLOW ADMINISTRATIVE PROCEDURES 1. Funding secured for the implementation of the measures of custody who follow administrative procedures including: a) the funding for the establishment of the records, books and serve the implementation of the measures of custody who follow administrative procedures;
b) funding for the construction, repair, upgrade the facilities where custody, utensils, shopping facilities for the detention;
c) funding for eating, examination and treatment for persons detained or buried when they died in custody or their families does not guarantee;
d) funds for other expenses of serving the custody who follow politics.
2. the secured funding for the implementation of the measures of custody who follow politics because of State budget levels, arranged in the estimation of annual budgets of agencies, units of the competent custody administrative offenders.
The regular budget provisions for the implementation of the measures of custody the following administrative procedures are conducted as follows: a) annually, agencies, units of the custody authority according to the administrative procedure prescribed in article 7 the custody regulations under administrative procedures based on the mission requirements of the custody under administrative procedures , is responsible for estimating the secured funding for the implementation of the custody under administrative procedures with the establishment of the State budget estimates in the range of functions, duties, jurisdiction is allocated, the report estimates cost the Agency management unit supervisor;
b) on the basis of expenditure estimates reporting agencies, units of the competent person who custody under administrative procedures, agency management unit supervisor General, estimating the overall funding to secure the implementation of the custody under administrative procedures , the leader of the authority to review the decision;
c) allocation, use, the stick, settlement funding secured for the application of interim measures to keep people under administrative procedures from State budget must comply with the provisions of the law on the State budget and other documents guiding the implementation.
IX. The REGIME For PEOPLE DETAINED 1. In principle, all costs for eating, activities of the custody and care, treatment when they are sick or funeral costs money when people were dying in custody hold time is due to people detained or their family responsibility; the case of the person detained or the families who hold no self-assurance, agencies, units of the people who have the custody decision has the responsibility of ensuring. This costs due to State budget responsibility and taken from the funds of the Agency, the competent unit of custody.
Agencies, units of the detention authority to open the books to follow and stick, settlement activities, diet, treatment or patient care costs money buried when they died during custody according to current financial regime.
2. The following cases are considered to be the person detained or the families who hold no guarantees are the costs: a) the person detained or their families do not have the money or property;
b) family, relatives of the detained person leaving custody;
c) Who is temporarily holding the object is not to determine the place of residence, did not identify the family or no family, relatives; family, relatives of persons detained in custody is not conditioned to nourish, replenish, care of people detained or without conditions ensuring the buried person detained died in custody time.
3. Diet, activities of the person in custody the quantitative standards about the diet, activities of the person in custody every day are made according to the provisions in clause 2 article 14 temporary regulations to keep people under administrative procedures and should note the following points: a) feed , drinking water for people detained to ensure hygienic standards, food safety.

b) where the health status of the person detained is not guaranteed, as directed by the doctor should have better diets, then the competent person custody may decide to increase the diet of people detained;
c) during custody (if the custody overnight), people detained used blankets, projectors, screens of individuals; If they don't have the bodies, competent person's unit of custody for each person be borrowed include: a passport, a personal kind, a blanket. Cases of people detained as females can be given a title to buy gadgets necessary for women hygiene.
Officers direct the managers who were responsible for custody instructions, request the custody warrant keeping utensils borrowed; the organization recovered and preserved the property loan when the person detained was the termination of the term of custody. If the person detained to damage, loss of the gadgets have borrowed to compensate according to the provisions of the law.
4. mode for people detained are ill or died during custody is made in accordance with the provisions of article 15 temporary rules keep people who follow politics; In addition, should note the following points: a) the case of the detained are ill then the agency unit of the detention authority must take measures to treat for them; cases of seriously ill have to put away an emergency then all the possibilities and conditions can, who has the authority to hold the Organization urgently taking them to the medical facility of the State or private place closest to the emergency treatment. When putting the person detained to the treatment facility to set the minutes closely, in particular, be clear about the time to visit, 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 representative basis where examination and treatment. At the same time, to notify the family, their relatives know to to take care of. The case of relatives, family petition please they have brought home to take care of and deems it is not really necessary to continue the custody jurisdiction the custody decision ended their custody who follow politics and tell them about family to heal. Prior to the custody of the competent custody must set the minutes. The minutes must show clearly 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 person detained; the case of money or property to send person's custody custody lost, lost, damaged, corrupted, the place where custody is responsible for compensation; the minutes must be signed (specify, name or index) of the person detained (or family, their relatives) and authorized person's custody. The case of the detained have no fixed residence, do not have families, their loved ones far away is not up to to care or denial of care, then the competent person must hold the layout directly to where people detained for examination and treatment, care management.
b) case of the detained died in custody time, then the competent person must do the custody work:-protection organization, notify the investigating agencies, the Procurator has the competence as well as superior leadership to resolve in accordance with the law; at the same time, inform the family of the deceased, relatives said.
-Work closely with the investigating agencies, Procuracy as well as relevant agencies to investigate, clarify the cause of death of the person in custody; provide the full document, relevant information at the request of the competent authority.
-The case of the detained alien is dead, decide the custody must immediately report to the heads of the competent superior bodies know, 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 the diplomatic or consular representative of the country that the dead have nationality to coordinate resolution.
5. About the buried dead people to note: a) When investigating authorities and procuratorate system for allowing the burial, the dead man's family is responsible for organizing funeral, burial for the dead. Authority the custody officer can help support the family, relatives of people killed during the burial if they have recommendations.
b) where the deceased had no family, relative or not to determine the residence of the dead person to contact his family, the relatives interred them by the Agency, where the custody units in coordination with local authorities where the custody settlement. The buried the dead must be conducted carefully, seriously and ensured in accordance with the provisions of the law on the procedure of opening and the environmental hygiene requirements;
c) where foreigners are detained died, the funeral, burial to be addressed under the international treaties to which Vietnam is a member, or by the direct agreements about each particular case between the State of Vietnam and the country have detained people die.
Case of respective treaties or between State and Vietnam have detained people die not uniform agreement is about each specific case or did not identify the nationalities of the dead, funeral, burial to be applied as people hold Vietnam died;
d) costs for the Organization of the buried, buried the dead in those cases be instructed in item 2 Item IX of this circular by the State budget, including: a wooden coffin, usually a long pants, a long sleeve shirt, 04 m shroud, wine or alcohol to clean when stitch correctly; incense, flowers, candles and a practical, reasonable expenses for the Organization of the buried under the provisions of the law;
DD) Organization of burial by the Agency, the unit where the custody proceeding must be described by the minutes, has video recording or photographic records.
X. IMPLEMENTATION 1. Recommended ministries: Minister of Defense, finance, industry and trade, agriculture and rural development, transport and the President of the people's Committee of the central cities, based on the requirements and the actual situation in the prevention, combating administrative violations in the field, by themselves in charge specific guidelines, implementing and directing, inspecting the implementation of custody regulation who follow procedures and instructions in this circular.
2. General Director of the General Department: security, police, logistics and Director of finance, Director of the public security Department, the central cities in the scope of the functions, duties, authority is responsible for directing, guiding, inspecting the implementation of custody regulation who follow politics and this circular.
3. This circular have effect after 15 days from the date The report. The previous regulations of the Ministry of public security of the person under custody procedures contrary to this circular are repealed.
In the process of implementation, if obstacles arise that need reflect on the Ministry of public security (through the General Directorate of police, General Directorate of security) in order to have timely instructions./.