How many days is first statute of limitations of persons held in temporary detention or custody in Vietnam?

1. How many days is first statute of limitations of persons held in temporary detention or custody in Vietnam?

In Article 44 of the Law on temporary detention or custody 2015, complaint in management and execution of temporary detention or custody:

1. The persons held in temporary detention or custody and other relevant bodies, organizations and individuals have the right to lodge complaint about decisions and acts of the bodies and persons having the authority in management and execution of temporary detention or custody if there are the grounds that such decisions and acts have infringed their legitimate rights and interests.

2. The first statute of limitations is 30 days from the day of receiving or knowing the decisions or acts in management and execution of temporary detention or custody the complainant think they violate the law.

In case of sickness, natural disaster, business travel or study in remote areas or due to other objective difficulties that make it difficult for the the complainant to do their rights of complaint in line with the statute of limitations. Therefore, the period of time with such obstacles shall not be included in the statute of limitations of complaint.

The next statute of limitations is 15 days after receiving the decision on complaint settlement from the competent person.

Thus, the first statute of limitations is 30 days from the day of receiving or knowing the decisions or acts in management and execution of temporary detention or custody the complainant think they violate the law in Vietnam.

2. What is management of objects, personal belongings, money, properties of the persons held in temporary detention or custody in Vietnam?

According to Article 24 of the Law on temporary detention or custody 2015, management of objects, personal belongings, money, properties of the persons held in temporary detention or custody, specifically as follows:

1. The persons held in temporary detention or custody are permitted to bring with them the personal necessary objects into the detention or custody cells. Their other objects, personal belongings, money and properties must be deposited at the prescribed place of the custody facility or authorized to their relatives or legal representative for management. The objects which cannot be stored during the time of temporary detention or custody and the objects subject to the list banned from bringing into the detention cells and custody cells if being destroyed, the head of custody facility must issue a written decision or handle them in accordance with regulations of law. Upon destruction, there must be the presence of the persons held in temporary detention or custody and the destruction must be recorded. If they are released or transferred to other custody facilities, their other objects, personal belongings, money and properties deposited shall be returned to them. Where the custody facility damages or loses them, it shall make compensation.

2. The Minister of Public Security, Minister of Defense shall stipulate the list of objects banned from bringing into the detention or custody cells.

Based on the list of objects banned from bringing into the detention or custody cells, the head of custody facility shall not permit to bring into the detention or custody cells the objects which can be used to commit suicide, flee from custody, cause injury or harm to health or life of such persons or others.

3. The persons held in temporary detention or custody can use the deposited money to buy necessary things for their living activities in the form of book signing.

According to this Article, comparing the above provisions, persons held in custody or temporary detention will be applied to the management of objects, personal belongings, money, properties in Vietnam according to the above provisions.

Best Regards!