In case of denunciation of violations of an individual. Will denounced parties be put in temporary custody in Vietnam? Hope to get a reply soon.
In Clause 2, Article 10 of the Law on Denunciations 2018, there are provisions on rights and obligations of the denounced party as follows:
2. A denounced party has the obligations to:
a) be present at the request of the denunciation handler;
b) provide explanation for the denounced violation; provide relevant information and documents at the request of a competent organization or individual;
c) strictly comply with the settlement decision according to the conclusion given by the competent organization or individual;
d) pay compensation for any damages it/he/she inflicts and its/his/her violations against the law.
Thus, according to the above provisions in Vietnam, the denounced party will have to have the above obligations, the Law does not provide for the case where the denounced party will be put in temporary custody.
In Article 3 of the Law on temporary detention or custody 2015, there is a provision:
2. Person in temporary custody is the person who is being manageled at the detention facility within the duration of temporary custody and extension of temporary custody under the provisions of the Criminal Procedure Code, including the accused, defendant; persons sentenced to imprisonment, sentenced to death but the judgment has no legal effect or pending judgement enforcement; persons in temporary custody for extradition.
Best Regards!