Hanoi's Administrative Detainment Policy
Following is the translation of the infamous Directive 31/CP signed by Prime Minister Vo Van Kiet in April this year.
The Directive has been a license for Party cadres in the whole column from the Interior Ministry to the district Public Security office to detain anyone they deem "unfit" without the trouble of passing through the court system (not even the current theatrical one) and thus avoiding the camera lens of foreign journalists.
Included are the directive and the accompanying details of the Administrative Detainment Policy.
GOVERNMENT
No. 31 / CP
Hanoi, April 14, 1997
GOVERNMENT DIRECTIVE Issuing the Administrative Detainment Policy
THE GOVERNMENT
- Based on the Government Organization Laws of September 30, 1992;
- Based on the Order to deal with administrative violations of July 06, 1995;
- Following the recommendations of the Minister of Interior;
DECIDED:
1. Now announce the "Administrative Detainment Policy", which is attached to
this Directive.
3. Ministers, Directors of offices of the ministry level and organs of the
Government, Chairmen of City and Province People's Committees under Central
jurisdiction have the duty of implementing this Directive.
For the GOVERNMENT
Receiving locations:
- Politburo Standing Committee
GOVERNMENT ADMINISTRATIVE DETAINMENT POLICY
Chapter I: GENERAL REGULATIONS
Article 1 - Administrative detainment is an administrative measure to force
violators of the laws specified in Article 2 of this Policy to reside and
work in a specific locality and to be placed under the control and education
of the local government and people.
The term of detainment is from 6 months to 2 years.
Article 2 - Administrative detainment applies to individuals that violate
the laws, infringing on the national security as defined in chapter 1 of the
crime section of the Criminal Laws but [their violation is] still not
serious enough to be prosecuted criminally.
Administrative detainment does not apply to individuals under 18 years of age.
Article 3 - Administrative detainment must apply to correct subjects, with
proper authorities, procedures and orders as defined in the Order to Deal
with Civil Violations and this Policy.
It is strictly forbidden to harm the administrative detainee's life, health,
honor, and human dignity.
Article 4 - The decision on an administrative detainment will be carried out
at the detainees' place of residence. In case it is deemed impossible to let
the administrative detainees reside in critical areas in terms of politics,
economic, security, or national defense; or in areas where the detainees
have the means to continue their violations of the law and harm the nation's
interests, Chairmen province and cities People's Committees under Central
jurisdiction (generally called the province level) will decide whether to
administratively detain them in other areas within the provinces or cities.
After serving out the detainment decision, the detainees can return to their
previous place of residence.
People's Committee of districts, provincial capitals, cities under province
jurisdiction (generally called the district level) holding the
administrative detainees are responsible to create favorable conditions for
them to work and live in.
Chapter II: PROCEDURES FOR CONSIDERING AND MAKING DECISIONS ON
ADMINISTRATIVE DETAINMENT, AND FOR COMMUTING TERMS OF ADMINISTRATIVE DETAINMENT.
Article 5 - Chairmen of People's Committees at the district level are
responsible for opening files on individuals that need to be put under
administrative detainment and presenting these files to Chairmen of People's
Committees at the province level for decisions.
Village Public Security offices and the People's Committees of villages,
districts, provincial capitals (generally called the hamlet level) where
individuals that need to be put under administrative detainment live have
the responsibilities to help the Chairmen of district People's Committees to
collect information and set up files.
Article 6 - The file to recommend administrative detainment consists of:
Article 7 - Within 10 days after receiving the file from the district Public
Security office, the Chairman of the district People Committee must review
and make recommendation in writing to the Chairman of the province People
Committee.
Article 8 - The Chairman of the province People Committee will form an
advising council, including representatives of the leadership of the
provincial Public Security office, the provincial Justice office, and the
provincial Fatherland Front office. The representative of the provincial
Public Security office must be the standing member of the advising council.
Article 9 - The standing member of the advising council has the
responsibility to prepare and organize the necessary documents, chair and
record the meeting of the council, and represent the council in issuing
recommendation for administrative detainment to the Chairman of the province
People's Committee for decision.
Article 10 - Within 30 days upon receiving the file, the advising council
must meet to study the file and document the case for the Chairman of the
province People's Committee to make decision on. The document presented to
the Chairman of the province People's Committee must clearly include the
name, date of birth, residency, profession, summary of papers on the
violations of the laws by the individual that need to be administratively
detained, opinions and conclusion of the advising council, the term and
place for the administrative detainment.
If necessary, the meeting can be postponed to collect more proofs or further
verify the file on the individual that needs to be administratively detained.
The advising council functions as a committee. The meeting of the advising
council is attended by the representative of the People's Inspectorate at
the province level. The meeting must be recorded, clearly documenting the
opinions of all members and opinions of the representative of the People's
Inspectorate.
Article 11 - The Chairman of the province People's Committee studies the
case and issues the decision to administratively detain within 10 days after
receiving the document recommending administrative detainment from the
advising council.
In the case the administrative detainee must serve the term in another area,
before issuing the decision, the Chairman of the province People's Committee
must direct the Chairman of the district People's Committee of that areas to
prepare the necessary conditions so the detainee can serve the decision.
The Decision of administrative detainment must include the issue date; full
name and official function of the issuer; full name, date of birth,
profession, and place of residence of the administrative detainee; reasons,
articles and titles of the laws being applied; length and location of the
detainment; the detainee's right to appeal; location and time limit for the
appeal.
Article 12 - Within 3 days after signing the decision of administrative
detainment, the Chairman of the province People's Committee must send the
decision to the detainee, the People's Inspectorate office at the province
level, the People's Committee and the Public Security office at the district
level, and the People's Committees of the villages where the detainee is
living and where he will serve the decision of detainment.
Article 13 - After serving one half of the term of detainment, if the
administrative detainee shows clear signs of progress or earns credits
according to the standards listed below, the Chairman of the province
People's Committee might review his term of detainment according to the
recommendations by the Chairman of the People Committee of the district
where this individual serves the decision of detainment.
- A clearly progressing administrative detainee is someone that shows
sincere remorse, labors actively, studies [political teachings], and
complies strictly with the regulation of the laws and the Administrative
Detainment Policy.
- An administrative detainee will earn credits if this individual has one or
more of the following actions: disclosing violations of the laws by other
people, helping the Public Security authority in its investigation to detect
criminals, having technical ideas to improve production, saving other
people's lives in emergency situations, rescuing properties of the State,
community or citizens at time of flood, fire, epidemics, etc.
The reduction of the term must not exceed 1/3 of the length of the original
term of administrative detainment.
Article 14 - The Public Security office at the district level and the
Chairman of the People's Committee of the village where the detainee resides
have the duty to help the Chairman of the district People's Committee in
reviewing and filing papers to the Chairman of the province People's
Committee for the commutation of the administrative detainee's term.
The Director of province Public Security has the duty to help the Chairman
of the People's Committee at the same level review the request for
commutation of the term of administrative detainment, based on the
recommendations of the Chairman of the People's Committee of the district
where the detainee is serving the decision of detainment.
Chapter III: SPECIFIC REGULATIONS FOR THE ADMINISTRATIVE DETAINEES
Article 15 - Within 5 days after receiving the decision of administrative
detainment, the detainee must turn himself in to the People's Committee of
the district where he will serve the decision of administrative detainment.
The term of administrative detainment is counted from the day the detainee
turns himself in.
The village People's Committee has the duty to announce the Decision and
the content of the Administrative Detainment Policy to the administrative
detainee so he can carry them out.
If the administrative detainee fails to present himself within the specified
time and has no justifiable reasons, the village People's Committee shall
summon the detainee to the office of the People's Committee to file a
citation and force him to serve the Decision.
Article 16 - The administrative detainee must strictly comply with the laws
of the State and the Administrative Detainment Policy, study [political
teachings], and labor to become a good person.
Article 17 - During the term of administrative detainment, the detainee must
reside and work at the village of the district of the city specified by the
decision of administrative detainment; and be placed under the control and
education of the local government and people. The detainee can only travel
within the area of detainment. If there are justifiable reasons for the
detainee to travel outside the village of the district of the city, he must
submit a petition according to the following regulations:
- If the travel is within the same district or ward of the city of the
province, the Chairman of the village People's Committee can issue the
travel permit.
- If the travel is within the same province or city under the Central
jurisdiction, the Chairman of the district People's Committee can issue the
travel permit.
- If the travel is outside the province or city under the Central
jurisdiction, the Chairman of the province People's Committee can issue the
travel permit.
If the administrative detainee has to travel outside the area of detainment
and temporarily stay at this destination, he is not allowed to stay for more
than 5 days at a time. The total number of traveling days must not exceed
1/15 the length of the term of detainment.
If the administrative detainee must go to a specific location daily to study
[policical teachings] and labor or for other justifiable reasons, the
Chairman of the People's Committee may consider issuing monthly permit.
On the travel permit issued by the Chairman of the People's Committee to the
administrative detainee, the time limit, the destination and the allowed
route [to the destination] must be clearly written.
After being issued the travel permit from the Chairman of the People's
Committee, the administrative detainee must carry out exactly as written in
the permit. For temporary stay, he must go and present the permit
immediately to the village People's Committee of his destination. At the end
of the temporary stay, the administrative detainee must request the Chairman
of the village People's Committee to certify his temporary stay.
If the detainee leaves his area of detainment without permit, his time of
absence from the area of detainment will not be counted toward the time
served under the decision of administrative detainment.
Article 18 - Once a month, the administrative detainees must appear at and
report their effort to carry out the decisions of administrative detainment
to the village People's Committee of their area of detainment.
The detainees must report to the office of the village People's Committee
whenever they are ordered. If they are absent without justifiable reasons,
the Chairman of the village People's Committee will summon them to the
office of the People's Committee, file a citation, and demand them write
their self-criticism on such violations.
Article 19 - People currently under administrative detainment are not
allowed to hold any leading positions in government offices, social
organizations, grassroots associations. They are not allowed to do business
of special types and a number of professions with which they have access to
the means to violate the laws.
Article 20 - The administrative detainee has the right to appeal and to file
charges of violations of the administrative detainment laws by individuals
or offices that enforce the decisions of administrative detainment,
according to the regulations under the Order to Deal with Civil Violations.
Article 21 - When an administrative detainee violate the Administrative
Detainment Policy or other laws, depending on the manner and scope of the
violation, he can be punished for civil violations or prosecuted criminally.
Chapter IV: RESPONSIBILITIES OF OFFICES THAT ENFORCE THE DECISION OF
ADMINISTRATIVE DETAINMENT.
Article 22 - The village People's Committee of the area where the detainees
serve their Decisions has the responsibility to control, educate, and create
favorable conditions for the administrative detainees to work and live in.
Once every three months, it must send a report to the district People's
Committee on the control and education of the administrative detainees, and
their compliance with the detainment regulations in the area.
The village Public Security will help the village People's Committee in
keeping a monitoring file and collaborating with other organizations, local
people, and families of the detainees to control and educate the detainees.
Article 23 - The district People's Committee has the responsibilities of
directing and monitoring the village People's Committees in their
enforcement of the administrative detainment regulations. Once every three
months, it must report to the province People's Committee the status of the
enforcement of administrative detainment.
Article 24 - The province People's Committee has the responsibilities of
directing and monitoring the lower People's Committees in their enforcement
of the detainment regulations. Once a year, it must report to the Ministry
of Interior the status of the enforcement of administrative detainment in
its area.
Article 25 - Public Security offices have the responsibilities to help the
People's Committees at the same levels to enforce the decision of detainment
by the Chairman of the province People's Committee.
The administrative detainment files are retained by the Public Security offices.
Article 26 - At the end of the term of administrative detainment, the
village People's Committee issues a certificate of completion for the
serving of the administrative detainment decision to the detainee. Copies of
that certificate are also sent to the district People's Committee and the
Chairman of the province People's Committee.
Article 27 - Offices and individuals charged with the authority to enforce
the decisions of administrative detainment must seriously carry out the
regulations on detainment and must not create difficulties or prevent the
detainees from working and having normal lives. If the detainees violate the
laws, depending on the manner and scope of the violations, they can be
disciplined or prosecuted criminally. If the administrative detainees are
materially harmed, they must be compensated.
Article 28 - The Ministry of Interior has the responsibilities to direct and
monitor the enforcement of this Policy, and to generate the forms for
decisions, certificates, travel permits, summons, and other document forms
pertinent to the enforcement of the Administrative Detainment Policy.
For the GOVERNMENT
The Minister of Interior will coordinate and assist the Government in the
instruction and inspection of the implementation of this Directive.
GOVERNMENT PRIME MINISTER
(Sealed and Signed)
Vo Van Kiet
- Prime Minister and Deputy Prime Ministers of the Government
- Ministries and offices of ministry level of the government
- People's Committees of cities, provinces directly under Central
- Central office and all Committees of the Party
- Office of the National Assembly
- Office of the State President
- People's Supreme Court
- People's Supreme Inspectorate
- Central offices of organizations
- Public newspapers
- VPCP, BTCN, PCN's, all Agencies, Departments
- File NC(9), VT.
Independence - Freedom - Happiness
(Issued in attachment with Directive No. 31/CP of April 14, 1997 by the
Government)
- A brief history of the individual that needs to be put under administrative detainment,
- Data on of violations of the laws by the individual that needs to be put
under administrative detainment,
- Opinions of the People's Committee of the village where the individual
that needs to be put under administrative detainment lives,
- Opinions of the Fatherland Front at the district level,
- Observation of the Public Security office at the district level,
- Recommendations of the Chairman of the district People's Committee.
PRIME MINISTER
(Signed and Sealed)
Vo Van Kiet