Pursuant to the law on organization of the Government of 25 December 2001;

Basing the Ordinance on administrative violations processing 2 July 2002;

Considering the recommendation of the Minister of public security, the DECREE: article 1. Attached to this Decree "temporary regulations to keep people under administrative procedures".

Article 2. The Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.

The Minister of the public security Ministry:, defence, finance, trade, agriculture and rural development, transport and the President of the people's committees of provinces and cities under central within the scope of his duties, function is responsible for guiding the implementation of this Decree.

Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.

 

TEMPORARY REGULATIONS to KEEP PEOPLE UNDER ADMINISTRATIVE PROCEDURE (attached to Decree No. 162/2004/ND-CP dated 7 September 2004 from the Government) chapter I GENERAL PROVISIONS article 1. Scope this regulation rules on the subject, jurisdiction, custody procedures the following administrative procedures; the management mode of administrative custody and other provisions relevant to the application of interim measures to keep people under administrative procedures.

Article 2. The custody under administrative procedures 1. The custody under administrative procedures are measures preventing administrative violations and ensure the processing for administrative violations by the competent person specified in article 7 of this regulation.

2. The custody of people according to the administrative procedure only applies in the following cases: a) the need to prevent, suspend immediately the disturbing public order or cause injury to others;

b) Should collect, verify important details as a basis to decide the handling of administrative violations in the case: the offense has no identification, personal background is unknown; There is no fixed residence, need to verify personal background and clarifying the important details related to violations;

c) Who were arrested by the decision in search of competent person under the provisions of law handling administrative violations.

3. The time limit for detention of people according to the administrative procedure was not too 12 hrs. In case of need, the time limit of detention may be extended, but also not too 24 hours, since time began holding violators.

For violations of the regulations or administrative violation border in the remote outback, mountain forests, Islands, the time limit of detention may be extended, but also not so 48 hours from the time of start holding violators.

4. Upon expiry of the custody, the custody decision to terminate immediately the detention for persons detained and must log to track the custody, signed confirmation of the person detained.

Article 3. Custody principles 1. The custody administrative offenders must ensure the right audience, procedure, jurisdiction under the provisions of the Ordinance on handling administrative violations and this regulation.

2. In all cases, the detention of people according to the administrative procedure are to be decided by the competent person specified in article 7 of this regulation and must be delivered to the custody of a.

Article 4. Rights and obligations of the person in custody 1. The person detained has the right to request custody decision to notify the family, workplace or organization learning to know her custody as defined in article 10 of this regulation.

2. The person detained has accepted obligations of custody decisions, rules and regulations of the place of detention; compliance with the orders of the decision of custody and who are tasked with managing, protecting places of detention; the obligation to declare an emergency into the violations of the law and of relevant others.

Forbidden to put into place a temporary hold weapons, mobile phones, toxic food culture, alcohol and other addictive substances or items which may cause fire and explosion, affecting safety, where the order of custody.

Article 5. The prohibited acts 1. Harm to life, health, honour, dignity and property of persons detained.

2. Custody administrative offenders in custody, criminal detention; hold the others in the same Chamber; custody in the place does not guarantee hygiene, safety for people detained.

Article 6. Funding secured for the adoption of interim measures to keep people under administrative procedures 1. Funding secured for the adoption of interim measures to keep people under administrative procedures including the expenses for the construction of places of detention; utensils, shopping facilities for the detention; for the food, drink, healing for the person with custody (in the case of themselves or their families does not guarantee) and other expenditures serves the custody who follow politics.

2. Funding guarantees for the application of interim measures to keep people under administrative procedures by the State budget. Every year, the unit has the authority to temporarily keep the administrative violation according to the provisions of article 7 of this regulation is responsible for estimating the funding secured for the custody administrative offenders along with the establishment of the State budget estimates in the range of tasks according to the provisions of the law on the State budget and other documents guiding the implementation.

 

CHAPTER II JURISDICTION and CUSTODY PROCEDURES the ADMINISTRATIVE VIOLATION of article 7. Custody jurisdiction 1. The following people have the right to decide the custody under administrative procedures: a) the President of the people's Committee of the communes, wards and towns, Chief of police;

b) police districts;

c) Chief of police administration of social order, the Chief of the police order, the Chief of traffic police, the Chief of the economic police, the Chief of criminal police, the Chief of the police drug crime prevention Manager, exit and entry of provincial public security;

d) heads mobile police unit from the company over the independent nature of activities; The station chief immigration station;

Chief Ranger Beads Beads), the captain of the Rangers to maneuver;

e) Bureau Chief, Captain of the customs control Department of the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs;

g) Captain of market management;

 

h) Commander U.s. border zone, the Commander of the Squadron, border border Division Commander, head of the frontier and the heads of border guard units stationed on the border, Islands;

I) Chief Squadron, Squadron Chief of the coast guard;

k) the Commander of the ship, the ship when the ship, the ship had left the airport, the harbor.

2. In the case of those defined in paragraph 1 of this article is absent, then the authorized deputies have the right to decide the custody under administrative procedures. Authorized users must comply with the provisions of the law on the custody of people according to the administrative procedures and are responsible for making decisions in his custody.

Article 8. Delivered, the recipient who has the administrative violations


1. The delivery, get the person who has administrative violations by the Organization, the other individual must lead to the establishment of the minutes in accordance with the regulations. The minutes, get to specify day, month, year, location set thereon; they, the name, position and address of the individual, the Organization and the receiving party; they, the name, address, identification number (or other identification), violation of the person's health status, there are violations and exhibits, their assets (if any); the case of the witness, the victim must then specify them, that person's name, address and signed by them. Minutes of delivery must be established 2 a the same, each party holds one.

2. As soon as administrative violations are detected, prevented and set a record of violations or after establishment of the minutes, receive the administrative violations by individuals and lead to, if found to detain people under the administrative procedure, the authorized person must now decide the custody.

3. In all cases, for the person who has administrative violations by individuals, leading to the award, before deciding the custody, detention authority must proceed to set the minutes, getting people to the Organization, the individual leads to as prescribed in paragraph 1 of this article.

Article 9. The custody decision under administrative procedures 1. The custody decision under administrative procedures must specify: the number of the decision; day, month, year of decision; they, name, rank, position, authority, units of the decision; pursuant to the decision of custody, legal provisions are applied; they, the name, address, date of birth, place of registered resident demographics, staying, career, workplace, learning, people's identification number (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; where custody and sign, seal (if any) of the person in custody decisions.

The decision of custody must be established 2 a alike, the detained 1 a, 1 a save in the custody record. In case of need, the custody time limit extended before expiry of the custody record of decisions, competent person to custody decision to prolong detention (which must specify the reason, the time limit extends), but also not too the maximum period specified in paragraph 3 article 2 of this regulation.

2. 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 have finished processing violations, then the decision of custody must immediately terminate the detention.

3. When there is evidence that violations of the person detained under administrative procedures of criminal signs, then the decision to immediately transfer custody of records and people detained, accompanying exhibits, the media breached (if any) to the body conducting the criminal proceedings has the authority to resolve under the provisions of the law.

Article 10. Announcing the decision of custody 1. At the request of the person in custody, the detention decision must notify the family, workplace or organization learning of them. If due to objective reasons which can not be informed they must tell the person with custody and must write to the shared custody tracking.

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 parent or guardian, it must specify the reason on the custody as administrative violations.

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 Foreign Ministry to the Foreign Ministry to notify the diplomatic missions or consular representative body of the country of which the person is a citizen; in coordination with the Foreign Ministry to arrange for representatives of diplomatic missions or consular representative of the country which consular visits if required and coordinate the handling of other foreign issues are concerned.

Article 11. Where custody 1. Where the custody under administrative procedure is the House or room, administrative detention chambers are arranged at the headquarters or place of employment of the person who has the authority to decide the custody administrative offenders.

The House or the room, the Chamber of administrative custody must have locked the door, secure, discreet lighting, ventilation, sanitation and fire safety, fire, convenient to the look, protect. People detained overnight must be arranged the bed or the floor is located and must have passports, blankets, curtains; the area is located a minimum of no less than 2 m2 per person.

2. The Agency has the function prevention of violation of law and crime often have to hold the administrative violations, the to the layout, design, construction, administration and custody must have dedicated staff to manage, protection.

3. for aircraft, ships, when it left the airport, the port, depending on the conditions and subject to specific violations, the Commander of the aircraft, the ship decide where custody and assigned to the person performing the detention.

4. The form and scale of the place of custody administrative offenders prescribed in paragraph 1, paragraph 2 this is based on the nature, characteristics, the actual requirements of the custody administrative offenders in each sector, specific to the layout, design, build to suit.

5. The Secretary of the Ministry of public security, defense,: finance, 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 instructions, the Organization, layout where the custody and directing the design, built where the administrative custody under the provisions of this regulation.

 

CHAPTER III MANAGEMENT of the DETAINED article 12. The person receiving custody 1. Upon receiving the decision of custody, the person responsible for managing the person detained must be reconciled with the custody decision was on hold, check investment page, things of the people detained are permitted to carry; into custody as prescribed; common rights and obligations of the person detained, rules where the custody and other related rules to them.

 

2. where the person detained is not voluntary observance of the regulations on custody then apply coercive measures required under the provisions of the law to force them to obey.

Article 13. Management of people detained Who are tasked with managing the custody, protection where custody is responsible for: 1. Regularly monitor, protect, look after the person detained, if the person detained has the expression of psychological, health, abnormal behavior, as well as discovering the details related to the incident or violation of others ' violations , it must have the responsibility to report to the custody decision to take measures promptly.


Detected cases of people detained there hiding evidence, the media breached it must proceed immediately to the minutes of evidence custody, means that administrative violations. If the person detained has the injury or health condition do not normally have to set the minutes about the health status of people detained, at the same time, must immediately report to the custody decision to take measures promptly.

2. page, the property of the person detained must be registered at the place of custody. The delivery, get investment property, deposit page must be written in full, in particular as the custody and must be signed by the person detained. Checked property case has many large or valuable, they must set up a separate delivery, which must fully record, in particular the number, types, forms and status objects, as well as other related issues. The minutes must be established 2 a alike, must have the signature of the person detained and people get hold of property and the custody 1. Upon expiry of the custody or move, the person detained was full back signed property posted. If people get hold of property loss, damage or compensation under the provisions of the law.

Article 14. Funding, the diet of the people detained 1. All costs for eating, living of people detained by themselves or their family is responsible.

2. In the case of persons detained or their families cannot ensure, where custody is responsible for ensuring their eating quantitative standard to eat each day are: 0.6/1 kg rice often boring, 0.1 kg of pork usually type and other foods, but the total costs do not exceed 7,000/1 person/1 day.

Custody case on the lunar new year, the people detained are eating more but not more than 5 times on food standards; detained during the holidays or on new year's day, the person detained to be eating more, but not exceeding 3 times on food standards.

3. The Agency has custody who functions as the administrative procedure must have books to watch closely and settlement of the diet of people detained under the provisions of the law.

Article 15. Cases of people being sick or dies in custody time custody 1. People hold that ill be topical; patients or to the Agency's emergency unit, where custody is responsible for bringing them to the medical establishment and the right for the family, their relatives know to to take care of; cases, their family relatives have suggested menu please take home to take care of and deems it is not really necessary to continue the custody jurisdiction the custody may decide to terminate the custody ahead of time and tell them about family to healing; the case of the detained have no fixed residence or family, their relatives in far not up to to care, then the Agency, where the custody unit they directly took on health care.

Secured funding for the care of the patient during the treatment they detained by themselves or their family responsibility; the case of the person detained or their families cannot guarantee by the State budget took charge and are taken from the Agency's funding, the unit where the custody settlement then as per current financial regime.

2. The case of the detained died in custody time, then decide the custody must notify the investigating agencies, the Procurator has the competence to resolve under the provisions of the law, at the same time, inform the relatives of the dead said.

The case of the dead are foreigners, the decision of custody must immediately report to the competent authorities on the level to notify the Foreign Ministry or competent State agencies in cooperation with diplomatic representations or consular representative bodies of water that dead people have nationalities, to resolve.

3. Families who die are responsible for buried people were killed. The case of the dead do not have family, relatives, buried by the Agency, where the custody units in coordination with local authorities where the custody settlement buried; funeral expenses in this case due to the State budget took charge as prescribed by law.

Article 16. Records of the work of the custody organ, the competent unit of custody administrative offenders must have tracking books, managing the administrative violation according to the provisions of the law.

All matters related to the custody of person under administrative procedures must be written in full on the track record of custody administrative offenders in accordance with the law.

 

CHAPTER IV COMPLAINTS, Accusations, Monitoring, Checks; SUE the ADMINISTRATION for APPLYING DETENTION MEASURES in the ADMINISTRATIVE PROCEDURE UNDER article 17. The complaint, report 1. People were measures of custody under administrative procedures or their legal representatives have the right to complain, report on the decision of custody administrative offenders against the law and the application of this measure.

2. All citizens have the right to denounce unlawful acts of the custody decision under administrative procedures and the implementation of this measure.

3. jurisdiction and procedure, the time limit complaints, accusations are made according to the provisions of the law on complaints and denunciation.

Article 18. Monitor, test 1. The people's Council granted within the scope of the task, their powers are responsible for overseeing, reviewing the report of the Committee at the same level; asked who had the authority to review, and timely resolution to adopt the necessary measures to prevent, terminate immediately the detention of people according to the administrative procedure law left in the local scope.

2. The Secretary of the Ministry of public security, defense,: finance, trade, agriculture and rural development, transport and the people's committees of all levels have the responsibility to frequently directing, guiding, inspecting the custody who follow politics in its management scope.

Article 19. Sue Sue The Government for the decision to apply interim measures to keep people under administrative procedures and issues related to the application of this measure was taken according to the provisions of the law on the procedure of resolving administrative cases.

 

Chapter V REWARDED and HANDLE breach of article 20. The Agency commended, divisions, individual achievement in the implementation of the provisions of the law on the custody of people according to the administrative procedures, be rewarded according to the General rules of the State.

Article 21. Handle violation 1. People detained under administrative procedures that are violations of regulations on the custody under administrative procedures or other violations, then depending on the nature and extent of the violation will be dealt administrative infringement or prejudice criminal responsibility, if the cause of damage to material compensation as prescribed by law.

2. The person in charge of the custody of people according to administrative procedures that violate the rule of law in the custody of people according to the administrative procedures or have violence to life, health, property, the honor, the dignity of the person detained, then depending on the nature and extent of the violation will be disciplined or prejudice criminal liability; If the cause of damage to material compensation as prescribed by law.