Viet Nam: Government Directive No. 31/CP of 1997 Containing the Administrative Detention Policy

THE GOVERNMENT

- Based on the Government Organization Laws of September 30, 1992;

- Based on the Order to deal with administrative violations of July 06, 1995;

- Following the recommendations of the Minister of Interior;

DECIDED:

1.   Now announce the "Administrative Detention Policy", which is attached to this Directive.

2.   This Directive will take effect 15 days after its signature date. All prior regulations on administrative detention are canceled.

The Minister of Interior will coordinate and assist the Government in the instruction and inspection of the implementation of this Directive.

3.   Ministers, Directors of offices of the ministry level and organs of the Government, Chairmen of City and Province People's Committees under Central jurisdiction have the duty of implementing this Directive.

For the GOVERNMENT
GOVERNMENT PRIME MINISTER
(Sealed and Signed)
Vo Van Kiet

Receiving locations:

- Politburo Standing Committee

- Prime Minister and Deputy Prime Ministers of the Government

- Ministries and offices of ministry level of the government

- People's Committees of cities, provinces directly under Central

- Central office and all Committees of the Party

- Office of the National Assembly

- Office of the State President

- People's Supreme Court

- People's Supreme Inspectorate

- Central offices of organizations

- Public newspapers

- VPCP, BTCN, PCN's, all Agencies, Departments

- File NC(9), VT.

ADMINISTRATIVE DETENTION POLICY

Chapter I: GENERAL REGULATIONS

Article 1

Administrative detention is an administrative measure to force violators of the laws specified in Article 2 of this Policy to reside and work in a specific locality and to be placed under the control and education of the local government and people.

The term of detention is from 6 months to 2 years.

Article 2

Administrative detention applies to individuals that violate the laws, infringing on the national security as defined in chapter 1 of the crime section of the Criminal Laws but [their violation is] still not serious enough to be prosecuted criminally.

Administrative detention does not apply to individuals under 18 years of age.

Article 3

Administrative detention must apply to correct subjects, with proper authorities, procedures and orders as defined in the Order to Deal with Civil Violations and this Policy.

It is strictly forbidden to harm the administrative detainee's life, health, honor, and human dignity.

Article 4

The decision on an administrative detention will be carried out at the detainees' place of residence. In case it is deemed impossible to let the administrative detainees reside in critical areas in terms of politics, economic, security, or national defense; or in areas where the detainees have the means to continue their violations of the law and harm the nation's interests, Chairmen province and cities People's Committees under Central jurisdiction (generally called the province level) will decide whether to administratively detain them in other areas within the provinces or cities.

After serving out the detention decision, the detainees can return to their previous place of residence.

People's Committee of districts, provincial capitals, cities under province jurisdiction (generally called the district level) holding the administrative detainees are responsible to create favorable conditions for them to work and live in.

Chapter II: PROCEDURES FOR CONSIDERING AND MAKING DECISIONS ON ADMINISTRATIVE DETENTION, AND FOR COMMUTING TERMS OF ADMINISTRATIVE DETENTION.

Article 5

Chairmen of People's Committees at the district level are responsible for opening files on individuals that need to be put under administrative detention and presenting these files to Chairmen of People's Committees at the province level for decisions.

Village Public Security offices and the People's Committees of villages, districts, provincial capitals (generally called the hamlet level) where individuals that need to be put under administrative detention live have the responsibilities to help the Chairmen of district People's Committees to collect information and set up files.

Article 6

The file to recommend administrative detention consists of: - A brief history of the individual that needs to be put under administrative detention,

-     Data on of violations of the laws by the individual that needs to be put under administrative detention,

-     Opinions of the People's Committee of the village where the individual that needs to be put under administrative detention lives,

-     Opinions of the Fatherland Front at the district level,

-     Observation of the Public Security office at the district level,

-     Recommendations of the Chairman of the district People's Committee.

Article 7

Within 10 days after receiving the file from the district Public Security office, the Chairman of the district People Committee must review and make recommendation in writing to the Chairman of the provincial People Committee.

Article 8

The Chairman of the provincial People Committee will form an advising council, including representatives of the leadership of the provincial Public Security office, the provincial Justice office, and the provincial Fatherland Front office. The representative of the provincial Public Security office must be the standing member of the advising council.

Article 9

The standing member of the advising council has the responsibility to prepare and organize the necessary documents, chair and record the meeting of the council, and represent the council in issuing recommendation for administrative detention to the Chairman of the provincial People's Committee for decision.

Article 10

Within 30 days upon receiving the file, the advising council must meet to study the file and document the case for the Chairman of the provincial People's Committee to make decision on. The document presented to the Chairman of the provincial People's Committee must clearly include the name, date of birth, residency, profession, summary of papers on the violations of the laws by the individual that need to be administratively detained, opinions and conclusion of the advising council, the term and place for the administrative detention. If necessary, the meeting can be postponed to collect more proofs or further verify the file on the individual that needs to be administratively detained.

The advising council functions as a committee. The meeting of the advising council is attended by the representative of the People's Inspectorate at the provincial level. The meeting must be recorded, clearly documenting the opinions of all members and opinions of the representative of the People's Inspectorate.

Article 11

The Chairman of the province People's Committee studies the case and issues the decision to administratively detain within 10 days after receiving the document recommending administrative detention from the advising council. In the case the administrative detainee must serve the term in another area, before issuing the decision, the Chairman of the provincial People's Committee must direct the Chairman of the district People's Committee of that areas to prepare the necessary conditions so the detainee can serve the decision.

The Decision of administrative detention must include the issue date; full name and official function of the issuer; full name, date of birth, profession, and place of residence of the administrative detainee; reasons, articles and titles of the laws being applied; length and location of the detention; the detainee's right to appeal; location and time limit for the appeal.

Article 12

Within 3 days after signing the decision of administrative detention, the Chairman of the provincial People's Committee must send the decision to the detainee, the People's Inspectorate office at the provincial level, the People's Committee and the Public Security office at the district level, and the People's Committees of the villages where the detainee is living and where he will serve the decision of detention.

Article 13

After serving one half of the term of detention, if the administrative detainee shows clear signs of progress or earns credits according to the standards listed below, the Chairman of the provincial People's Committee might review his term of detention according to the recommendations by the Chairman of the People Committee of the district where this individual serves the decision of detention.

-     A clearly progressing administrative detainee is someone that shows sincere remorse, labors actively, studies [political teachings], and complies strictly with the regulation of the laws and the Administrative Detention Policy.

-     An administrative detainee will earn credits if this individual has one or more of the following actions: disclosing violations of the laws by other people, helping the Public Security authority in its investigation to detect criminals, having technical ideas to improve production, saving other people's lives in emergency situations, rescuing properties of the State, community or citizens at time of flood, fire, epidemics, etc.

The reduction of the term must not exceed 1/3 of the length of the original term of administrative detention.

Article 14

The Public Security office at the district level and the Chairman of the People's Committee of the village where the detainee resides have the duty to help the Chairman of the district People's Committee in reviewing and filing papers to the Chairman of the provincial People's Committee for the commutation of the administrative detainee's term.

The Director of province Public Security has the duty to help the Chairman of the People's Committee at the same level review the request for commutation of the term of administrative detention, based on the recommendations of the Chairman of the People's Committee of the district where the detainee is serving the decision of detention.

Chapter III: SPECIFIC REGULATIONS FOR THE ADMINISTRATIVE DETAINEES

Article 15

Within 5 days after receiving the decision of administrative detention, the detainee must turn himself in to the People's Committee of the district where he will serve the decision of administrative detention.

The term of administrative detention is counted from the day the detainee turns himself in.

The village People's Committee has the duty to announce the Decision and the content of the Administrative Detention Policy to the administrative detainee so he can carry them out.

If the administrative detainee fails to present himself within the specified time and has no justifiable reasons, the village People's Committee shall summon the detainee to the office of the People's Committee to file a citation and force him to serve the Decision.

Article 16

The administrative detainee must strictly comply with the laws of the State and the Administrative Detention Policy, study [political teachings], and labor to become a good person.

Article 17

During the term of administrative detention, the detainee must reside and work at the village of the district of the city specified by the decision of administrative detention; and be placed under the control and education of the local government and people. The detainee can only travel within the area of detention. If there are justifiable reasons for the detainee to travel outside the village of the district of the city, he must submit a petition according to the following regulations:

-     If the travel is within the same district or ward of the city of the province, the Chairman of the village People's Committee can issue the travel permit.

-     If the travel is within the same province or city under the Central jurisdiction, the Chairman of the district People's Committee can issue the travel permit.

-     If the travel is outside the province or city under the Central jurisdiction, the Chairman of the province People's Committee can issue the travel permit.

If the administrative detainee has to travel outside the area of detention and temporarily stay at this destination, he is not allowed to stay for more than 5 days at a time. The total number of traveling days must not exceed 1/15 the length of the term of detention.

If the administrative detainee must go to a specific location daily to study [policical teachings] and labor or for other justifiable reasons, the Chairman of the People's Committee may consider issuing monthly permit.

On the travel permit issued by the Chairman of the People's Committee to the administrative detainee, the time limit, the destination and the allowed route [to the destination] must be clearly written.

After being issued the travel permit from the Chairman of the People's Committee, the administrative detainee must carry out exactly as written in the permit. For temporary stay, he must go and present the permit immediately to the village People's Committee of his destination. At the end of the temporary stay, the administrative detainee must request the Chairman of the village People's Committee to certify his temporary stay.

If the detainee leaves his area of detention without permit, his time of absence from the area of detention will not be counted toward the time served under the decision of administrative detention.

Article 18

Once a month, the administrative detainees must appear at and report their effort to carry out the decisions of administrative detention to the village People's Committee of their area of detention.

The detainees must report to the office of the village People's Committee whenever they are ordered. If they are absent without justifiable reasons, the Chairman of the village People's Committee will summon them to the office of the People's Committee, file a citation, and demand them write their self-criticism on such violations.

Article 19

People currently under administrative detention are not allowed to hold any leading positions in government offices, social organizations, grassroots associations. They are not allowed to do business of special types and a number of professions with which they have access to the means to violate the laws.

Article 20

The administrative detainee has the right to appeal and to file charges of violations of the administrative detention laws by individuals or offices that enforce the decisions of administrative detention, according to the regulations under the Order to Deal with Civil Violations.

Article 21

When an administrative detainee violates the Administrative Detention Policy or other laws, depending on the manner and scope of the violation, he can be punished for civil violations or prosecuted criminally.

Chapter IV: RESPONSIBILITIES OF OFFICES THAT ENFORCE THE DECISION OF ADMINISTRATIVE DETENTION.

Article 22

The village People's Committee of the area where the detainees serve their Decisions has the responsibility to control, educate, and create favorable conditions for the administrative detainees to work and live in.

Once every three months, it must send a report to the district People's Committee on the control and education of the administrative detainees, and their compliance with the detention regulations in the area.

The village Public Security will help the village People's Committee in keeping a monitoring file and collaborating with other organizations, local people, and families of the detainees to control and educate the detainees.

Article 23

The district People's Committee has the responsibilities of directing and monitoring the village People's Committees in their enforcement of the administrative detention regulations. Once every three months, it must report to the province People's Committee the status of the enforcement of administrative detention.

Article 24

The province People's Committee has the responsibilities of directing and monitoring the lower People's Committees in their enforcement of the detention regulations. Once a year, it must report to the Ministry of Interior the status of the enforcement of administrative detention in its area.

Article 25

Public Security offices have the responsibilities to help the People's Committees at the same levels to enforce the decision of detention by the Chairman of the provincial People's Committee.

The administrative detention files are retained by the Public Security offices.

Article 26

At the end of the term of administrative detention, the village People's Committee issues a certificate of completion for the serving of the administrative detention decision to the detainee. Copies of that certificate are also sent to the district People's Committee and the Chairman of the provincial People's Committee.

Article 27

Offices and individuals charged with the authority to enforce the decisions of administrative detention must seriously carry out the regulations on detention and must not create difficulties or prevent the detainees from working and having normal lives. If the detainees violate the laws, depending on the manner and scope of the violations, they can be disciplined or prosecuted criminally. If the administrative detainees are materially harmed, they must be compensated.

Article 28

The Ministry of Interior has the responsibilities to direct and monitor the enforcement of this Policy, and to generate the forms for decisions, certificates, travel permits, summons, and other document forms pertinent to the enforcement of the Administrative Detention Policy.

For the GOVERNMENT
PRIME MINISTER
(Signed and Sealed)
Vo Van Kiet