REGIME FOR DETAINEES AND PERSONS IN CUSTODY

Diet and Accommodation of Detainees and Persons in Custody

Detainees and persons in custody shall be guaranteed quantitative standards for rice, vegetables, meat, fish, sugar, salt, condiments, monosodium glutamate, fuel, electricity, and domestic water. The head of the detention facility shall decide on the substitution of food rations in accordance with actual conditions to ensure full consumption of the prescribed standards. On holidays and festivals as prescribed by law, detainees and persons in custody shall receive additional food, but not exceeding five times the daily standard ration. Based on the health requirements of detainees and persons in custody, the Government shall provide specific regulations on rations appropriate to economic conditions, the State budget, and market price fluctuations.

Specifically:

The monthly food ration for a person in custody includes: 17 kg of ordinary rice; 15 kg of fresh vegetables; 1 kg of pork; 1 kg of fish; 0.5 kg of sugar; 0.75 liters of fish sauce; 0.2 liters of cooking oil; 0.1 kg of monosodium glutamate; 0.5 kg of salt; other seasonings equivalent to 0.5 kg of rice; and fuel equivalent to 17 kg of firewood or 15 kg of coal.
The ration for detainees shall be calculated on a daily basis, derived from the ration for persons in custody.
These rations shall be provided by the State and converted into monetary value, based on the average local market price at the place where the detention facility is located.
Detainees and persons in custody who are pregnant women or nursing children under 36 months shall be entitled to twice the daily food standard and may substitute items as prescribed by a physician. A detainee or person in custody giving birth shall have hospital fees covered and be provided once with essential items for newborn care equivalent to the monthly food ration for a child under 36 months staying with the mother in the detention facility.
In addition to the prescribed food rations, detainees and persons in custody may use gifts or deposited money for extra food, but not exceeding three times the daily standard ration.
The food rations for foreign detainees and persons in custody shall be the same as those for Vietnamese. Where international treaties to which Viet Nam is a member provide otherwise, such treaties shall prevail. In other special diplomatic cases, the head of the detention facility shall decide.

Gifts:

Detainees may receive gifts from relatives once during detention; if detention is extended, once per extension. Persons in custody may receive gifts from relatives not exceeding three times per month. Each gift of food or drink shall not exceed three times the daily food standard.
The head of the detention facility shall organize the receipt, inspection, removal of prohibited items, and full delivery of gifts; and shall prevent and stop acts of appropriation of gifts or personal items. The Minister of Public Security and the Minister of National Defence shall specify types of gifts allowed.

Details:

Detainees may receive one gift from relatives during detention and once per extension; persons in custody may receive up to three gifts per month.
Permissible gifts include: money, medicine, nutritional supplements, food, beverages, personal effects, and personal belongings (except prohibited items). In special cases (e.g. epidemic prevention, health protection), the head of the detention facility may temporarily suspend receipt of food or drink gifts.
Money sent to detainees/persons in custody must be in Vietnamese dong and deposited at the facility. Foreign nationals may receive Vietnamese dong or foreign currency, which will be converted at the official exchange rate of the State Bank of Vietnam at the time of deposit. Cash is not permitted; the facility shall maintain a deposit account to manage such funds. Deposited money may be used to purchase personal items, food, and beverages, with each purchase not exceeding three times the daily food standard. Remaining deposits shall be returned upon release, transfer, or to their relatives.
Medicines and supplements must have clear origin, be within the expiry date, and accompanied by a prescription from a state medical institution. Facility medical staff shall be responsible for receiving, managing, and administering medicines accordingly.
In addition to gifts received during visits, detainees/persons in custody may receive gifts sent directly to the facility, not exceeding 3 kg per package; and money via postal service.
The head of the detention facility shall decide whether to accept or refuse gifts from agencies, organizations, or individuals to detainees/persons in custody in compliance with regulations.
Detention facilities may operate canteens to sell food, beverages, and essential personal items to detainees/persons in custody and their relatives during visits. Goods must meet quality and food safety standards. The head of the facility shall approve prices, ensuring they are equivalent to local retail market prices, and prices must be publicly posted.

Food Safety:
Detainees and persons in custody shall be guaranteed food safety. Detention facilities shall organize kitchens equipped with necessary tools for storing food, cooking, water supply, and distributing meals in accordance with standards.

Each detention facility shall organize a kitchen with sufficient tools for food preservation, cooking, meal provision, and water supply suitable for the location, scale, and actual needs. Kitchens must ensure compliance with ration standards and food hygiene and safety.
Where scale and numbers do not allow for independent kitchens, detainees’ and persons in custody’s meals may be prepared in the collective kitchen of the managing unit.

Accommodation:
The minimum floor space per detainee/person in custody is 2 m², provided with a sleeping platform and mat.

Clothing and Personal Effects of Detainees and Persons in Custody

During detention or custody, detainees and persons in custody may use clothing, blankets, mats, mosquito nets, and other necessary personal items; if lacking, the facility shall provide them on loan. Soap and toothpaste shall be provided; women shall also be supplied with essential hygiene items.

Supervising officers shall instruct and require detainees and persons in custody to maintain hygiene; borrowed items shall be collected when they leave the facility.

Each detainee/person in custody shall be provided with:

01 mat; 01 personal mosquito net; 01 pair of slippers; 02 sets of long clothes; 01 winter coat (for provinces from Thua Thien Hue northwards and the 5 Central Highlands provinces); and 01 blanket (cotton blanket up to 2 kg for Thua Thien Hue and northwards and the 5 Central Highlands provinces; fiber blanket for other provinces/cities).

Detainees shall be provided with:

01 toothbrush; up to 20g toothpaste; 01 face towel; 0.1 kg soap; 20 ml shampoo. Upon transfer to custody, they shall continue using the toothbrush and towel per custody regulations.

Persons in custody shall be provided with:

01 toothbrush; 01 face towel (for 3 months’ use); up to 100g toothpaste (for 2 months’ use); 0.3 kg soap per month; 70 ml shampoo per month.

Female detainees/persons in custody, if needed, shall be provided with additional hygiene items equivalent in value to 2 kg of rice per person per month.

Regime for Sending and Receiving Letters, Books, Newspapers, and Documents by Detainees and Remanded Persons

Detainees and remanded persons may only send or receive letters, books, newspapers, and documents with the permission of the authority handling the case. Such letters, books, newspapers, and documents must remain unsealed and are subject to inspection and censorship by the detention facility.

Specifically, the sending and receiving of letters, books, newspapers, and documents by detainees and remanded persons are permitted only with the approval of the authority handling the case and are subject to censorship by that authority as well as inspection by the detention facility.
The detention facility is responsible for guiding organizations, individuals, and relatives of detainees and remanded persons regarding the procedures for sending and receiving letters, books, newspapers, and documents. Upon approval from the case-handling authority, the facility shall allow the detainee or remanded person to receive them.

Medical Care Regime for Detainees and Remanded Persons

Detainees and remanded persons are entitled to medical examination, treatment, and disease prevention. In case of illness, disease, or injury, they shall receive examination and treatment at the medical unit of the detention facility. If the illness or injury exceeds the facility’s capacity, they shall be transferred to district-level, provincial-level, military, or central hospitals for treatment. The detention facility must notify the relatives or legal representatives for coordination in care and treatment. Diet, medication, and nutritional supplements are prescribed by the medical institution. Detainees and remanded persons may receive medicines from relatives, provided they are accompanied by a doctor’s prescription and subject to inspection by the facility.
If a detainee or remanded person shows signs of mental illness or another condition impairing cognition or behavioral control, the detention facility shall request the case-handling authority to order a forensic psychiatric assessment. Upon a competent authority’s decision to impose compulsory medical treatment, the case-handling authority shall coordinate with the detention facility to transfer the person to the designated medical institution.
Expenses for medical examination, treatment, and disease prevention for detainees and remanded persons are covered by the state budget in accordance with Government regulations. Where the detainee or remanded person is covered by health insurance, they are entitled to benefits under the Law on Health Insurance.

Regime for Childcare and Nurturing of Children Under 36 Months Residing with Their Mothers in Detention Facilities

The diet of children under 36 months residing with their mothers in detention facilities shall be equivalent to the monthly allowance for children under 4 years of age at social protection institutions under current law. On holidays and Tet, they are entitled to meals five times the regular daily ration; on International Children’s Day (June 1) and Mid-Autumn Festival (lunar August 15), they are entitled to meals twice the regular daily ration. Each month, they are provided with milk and essential items equivalent to 20 kg of ordinary rice per child. Based on the child’s age and actual conditions, the head of the detention facility may adjust the diet to suit nutritional needs or convert it into cash and deposit it for the mother’s use in childcare.
Each child under 36 months residing with their mother shall be provided personal items, including: 01 blanket, 01 mosquito net suitable for age; 01 set of winter clothing per year (for provinces from Thua Thien Hue northwards and five provinces of the Central Highlands); 01 pair of slippers per 6 months; 02 sets of regular fabric clothing per 6 months; 01 face towel per 3 months; 0.3 kg of soap per month.
Children under 36 months residing with their mothers shall be issued health insurance cards and receive medical care and treatment in accordance with the Law on Children and the Law on Health Insurance. If suffering from serious illness beyond the capacity of the infirmary, the detention facility shall transfer the child to a state medical facility. The head of the detention facility decides on escorting the detainee or remanded person who is the mother to accompany and care for the child.

The detention facility is responsible for covering actual medical expenses for children under 36 months residing with their mothers, whether at the facility’s infirmary, hospital, or state medical institutions. In case such a child dies, funeral expenses shall be covered in the same manner as for deceased detainees or remanded persons.

Regimes applicable to children aged 36 months or older residing with their mothers during the period awaiting transfer to social protection institutions or to relatives for care shall be implemented in accordance with the provisions above.

Spiritual and Recreational Regime for Detainees and Remanded Persons

Detention facilities shall be equipped with a broadcasting system. On average, for every twenty detainees and remanded persons, or in facilities with fewer than twenty such persons, one local or central newspaper shall be provided. The head of the detention facility shall organize radio listening and newspaper reading for detainees and remanded persons. Where possible, they shall also be allowed to watch local and central television programs.

Legal Grounds:

Articles 27, 28, 29, 30, 31 of the Law on Enforcement of Custody and Temporary Detention 2015;
Articles 4, 5, 6, 7, 8 of Decree No. 120/2017/ND-CP detailing certain provisions of the Law on Enforcement of Custody and Temporary Detention 2015;
Clauses 1, 2, 3, 4, 5 Article 1 of Decree No. 113/2021/ND-CP amending and supplementing certain provisions of Decree No. 120/2017/ND-CP dated November 6, 2017 of the Government.