Laws of Vietnam

No: 09/2011/ND-CP

Ha Noi, day 25 month 01 year 2011                          

DECREE

AMENDING AND SUPPLEMENTING FOOD AND MEDICAL EXAMINATION AND TREATMENT REGIMES APPLICABLE TO PERSONS HELD IN CUSTODY AND TEMPORARY DETENTION PROVIDED IN ARTICLES 26 AND 28 OF THE REGULATION ON CUSTODY AND TEMPORARY DETENTION PROMULGATED TOGETHER WITH THE GOVERNMENT'S DECREE NO. 89/1998/ ND-CP OF NOVEMBER 7, 1998

THE GOVERNMENT

Pursuant to the December 2?, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Criminal Procedure Code of the Socialist Republic, of Vietnam;
At the proposal of the Minister of Public Security.

DECREES:

Article 1. To amend and supplement food and medical examination and treatment regimes applicable lo persons held in custody of temporary detention provided in Articles 26 and 28 of the Regulation on custody and temporary detention promulgated together with the Government's Decree No. 89/1998/ND-CP of November 7, 1998, as follows:

1. Clause 1. Article 26 is amended and supplemented as follows:

Article 26.

1. The monthly food ratio per person held in custody or temporary detention includes 17 kg of ordinary rice. 0.7 kg of meat, 0.8 kg of fish. 1 kg of salt. 0.5 kg of average-quality sugar. 0.75 liter of fish sauce. 0.1 kg of seasoning. 15 kg of vegetables and 15 kg of firewood or 17 kg of coal. This ratio shall be supplied by the Stale and convened into cash at market prices in the localities in which custody or detention camps arc located.

On public holidays and lunar new-year days (according to state regulations) persons held in custody or temporary detention may each be provided with additional food which, together with the State-prescribed ordinary daily food ratio, must not. exceed five times such ratio. Heads of custody houses or superintendents of temporary detention camps may convert the above food ratio ingredients based on practical conditions in order to ensure that each person held in custody or temporary detention eat up his/her food portion.

Every month, a person held in custody or temporary detention may receive three limes at most presents and daily-life items from his/her family members according to regulations: the quantity of presents must not exceed three limes the state-prescribed ordinary daily food ratio.

A person held in custody or temporary detention may eat food within (he prescribed ratio, drink hygienic water and use presents from his/her family members as additional food which must not exceed three times the slate-prescribed ordinary daily food ratio. Persons held in custody or temporary detention, arc strictly prohibited from drinking alcohol and beer and smoking cigarettes and other harmful stimulants. Heads of custody houses or superintendents of temporary detention camps shall organize the receipt, and strict checking of supplies, removal of prohibited items and adequate handover of supplies to their recipients; checking and prevention of acts of appropriating these supplies. The Minister of Public Security and the Minister of National Defense shall specify items that family members arc allowed to supply for persons kept in custody or detention and provide the sale of necessary items within the premises of custody houses and temporary detention camps. Use of supplies shall be specified in rules of custody houses or temporary detention camps/"

2. Article 28 is amended and supplemented as follows:

Article 28.

1. Sick persons held in custody or detention shall be examined and treated at infirmaries of temporary detention camps or by physicians of custody houses. Their food, medicine and allowances shall be prescribed by physicians according to their pathological signs. Medicine costs are equal to 2 kg of rice/person/month.

When the sickness of a person held in custody or temporary detention exceeds the treatment capacity of the infirmary of the temporary detention camp or physicians of the custody house, the superintendent of the temporary detention camp or head of the custody house shall carry out procedures for referring such person to a public hospital for treatment. fn this case, medical examination and treatment expenses shall be covered by the state budget according to the pathological conditions and the seriousness of the disease: the temporary detention camp or custody house shall pay such expenses to the hospital.

Superintendents of temporary detention camps shall coordinate with public health centers or hospitals near the camps in building some treatment rooms in the premises ol the health centers or hospitals for patients who are persons held in custody or temporary detention. Temporary detention camps shall manage the building of these treatment rooms as well as patients being persons held in temporary custody or detention. The building, upgrade and renovation of treatment rooms shall be funded by the state budget.

2. For a person held in custody or temporary detention who is suspected of suffering a mental disease or another disease that deprives him/her of perception or act control capacity, the superintendent of the temporary detention camp or head of the custody house may request the agency that is handling the case .to solicit forensic examination. After the forensic examination council concludes that such person suffers a mental disease or another disease that deprives him/her of perception or act control capacity and a competent agency issues a decision to send such person to. a medical establishment for compulsory treatment, the case-handling agency shall coordinate with the temporary detention camp or custody house in sending such person to the medical establishment designated in the decision.

3. The care for and treatment of HIV/AIDS-infected persons held in custody or temporary detention comply with current laws. Superintendents of temporary detention camps or heads of custody houses shall notify serious cases to the case-handling agencies, families, relatives or [awful representatives of such persons for coordination in taking care of and treating them.

The Ministry of Health shall coordinate with the Ministry of Public Security, the Ministry of National Defense and the Ministry of Finance in providing the regime, fund and organization of epidemic prevention and control and medical examination and treatment for persons held in custody or temporary detention."

Article 2. Effect

This Decree takes effect on March 15,2011.

Article 3. Implementation responsibilities

1. The Ministry of Public Security and the Ministry of National Defense shall assume the prime responsibility for, and coordinate with concerned ministries and branches in guiding, examining and urging the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decree.