This afternoon (December 10), with 426/430 delegates participating in the vote, the National Assembly passed the Law on Executive Committee on Detention, Temporary Imprisonment and Prohibition from leaving the place of residence. This Law takes effect from July 1, 2026.
Before voting, the National Assembly listened to Chairman of the Law and Justice Committee Hoang Thanh Tung present a report on receiving, explaining, and revising a number of major issues of the draft Law on the Executive Committee on temporary detention, temporary imprisonment, and ban on leaving the place of residence.
After receiving the revisions, the Draft Law on the implementation of temporary detention, temporary imprisonment and prohibition of leaving the place of residence submitted to the National Assembly for consideration and approval includes 12 chapters and 74 Articles.
Regarding the gift receiving regime for people being detained and people being detained in Clause 2, Article 27 of the Draft Law, many opinions suggest keeping the regulations as in current law, accordingly, people being detained and people being detained are allowed to receive gifts including money and gifts sent by relatives.
Some opinions agreed with the Draft Law, stipulating that people detained and those detained are only allowed to receive money and essential items for daily life.
Due to different opinions on this issue, the National Assembly Standing Committee has directed the Secretary General of the National Assembly and the Head of the National Assembly Office to send a vote to request opinions from National Assembly deputies.
In response to the opinions of the majority of National Assembly deputies, the National Assembly Standing Committee has directed the revision of this content in the direction of keeping it as prescribed in the current Law as shown in Clause 2, Article 27 of the Draft Law submitted to the National Assembly for consideration and approval.
This content has also been revised similarly in Article 49 of the Draft Law on Enforcement of Criminal Judgments (amended).
During the development of this law, some opinions suggested adding regulations on the application of technological measures to manage people prohibited from leaving their place of residence.
However, according to the National Assembly Standing Committee, applying electronic technology measures to monitor and manage people prohibited from leaving their place of residence is a common trend in the context of promoting the application of science and technology, but it is still complicated and needs to be studied.
The current Law on Juvenile Justice stipulates that electronic monitoring is a measure to prevent independence in addition to the measure of prohibiting leaving the place of residence. The current Criminal Procedure Code also does not stipulate this preventive measure. Therefore, if it is stipulated that people prohibited from leaving their place of residence must apply electronic monitoring measures, it will lead to the situation of being subject to another preventive measure without following the order of the competent authority.
