Principles of management, execution of temporary detention, temporary custody and prohibition of leaving the place of residence

ANH HUY |

One of the principles of management, execution of temporary detention, temporary custody and prohibition of leaving the place of residence is to strictly implement orders and decisions of agencies and competent persons.

The Law on Ejection of Temporary Detention, Imprisonment and Prohibition of Leaving the Place of Official Residence takes effect from the beginning of July 2026.

This Law stipulates the principles, order, and procedures for implementing preventive measures in criminal proceedings, including temporary detention, imprisonment, prohibition from leaving the place of residence; organization, tasks, powers, and models of agencies managing and enforcing temporary detention, imprisonment, and prohibition from leaving the place of residence.

At the same time, stipulating the rights and obligations of people being temporarily detained, people being temporarily detained, people being prohibited from leaving their place of residence; responsibilities of relevant agencies, organizations, and individuals in implementing measures to prevent temporary detention, temporary detention, and prohibition from leaving their place of residence.

Notably, in principle of management, execution of temporary detention, temporary imprisonment and prohibition of leaving the place of residence, the law stipulates that it must comply with the Constitution and laws; ensure human rights, the interests of the State, and the legitimate rights and interests of organizations and individuals.

Ensure strict implementation of orders and decisions on temporary detention, temporary custody and prohibition from leaving the place of residence, release of agencies and competent persons.

At the same time, ensuring humanity; not torturing, persecuting, using torture or any other form of treatment that infringes upon the life, health, rights and legitimate interests of the person being temporarily detained, the person being temporarily detained, and the person prohibited from leaving the place of residence.

Along with that, ensuring that people who are detained, people who are in temporary detention, people who are prohibited from leaving their place of residence exercise human rights, rights and obligations of citizens if not restricted by this Law and other relevant legal regulations.

Applying detention management measures must be based on the nature and severity of the crime, age, gender, health; ensuring gender equality, the legitimate rights and interests of women, people under 18 years old and other personal characteristics of the detained person, the person being temporarily detained.

Applying science and technology in management, execution of temporary detention, temporary custody and prohibition from leaving the place of residence.

Regarding the responsibility of coordination of agencies, organizations, and individuals in managing and enforcing temporary detention, temporary detention and prohibition from leaving the place of residence. According to the law, agencies, organizations, and individuals within the scope of their duties and powers are responsible for coordinating and implementing the requests of competent authorities in accordance with the provisions of this Law in managing, enforcing temporary detention, temporary detention and prohibition from leaving the place of residence.

In addition, regarding the supervision of management activities, execution of temporary detention, temporary imprisonment and prohibition of leaving the place of residence, the law stipulates that the National Assembly, the People's Council, the Vietnam Fatherland Front and member organizations of the Front supervise the activities of agencies managing and executing temporary detention, temporary imprisonment, and prohibition of leaving the place of residence.

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