10. Monthly diet standards of the persons held in temporary detention or custody
This notable content is specified in the Government’s Decree No. 120/2017/ND-CP dated November 06, 2017 providing guidelines for implementation of the Law on temporary detention and custody.
According to the Decree, monthly food quantity of a person held in temporary custody includes:
- 17kg of rice of average quality;
- 15kg of vegetables, 0.7kg of meat and 0.8kg of fish;
- 0.5kg of sugar of average quality, 01kg of salt, 0.75 litre of seasoning sauce, and 0.1kg of monosodium glutamate;
- Fuel equivalent to 17kg of firewood or 15kg of wood coal;
- 45kWh of power and 3m3 of water.
Food quantity of a person held in temporary detention shall be calculated on a daily basis according to the food quantity of a person held in temporary custody.
Thus, persons held in temporary retention or custody, according to the Decree, shall receive additional diet benefits such as fuel, power and water standards.
11. Entities having the right to obtain and use database of execution of temporary detention and custody
On November 06, 2017, the Government issued the Decree No. 121/2017/ND-CP on development, management and use of database of execution of temporary detention and custody.
According to the Decree, the following entities are granted the right to obtain and use database of execution of temporary detention and custody via the local area network or by sending an official document or written request for information provision:
- Bodies managing the temporary detention or custody;
- Bodies exercising the temporary detention or custody;
- Bodies controlling and supervising the execution of temporary detention or custody;
- Presiding agencies;
- Persons held in temporary detention or custody.
Obtaining and using information from the database of execution of temporary detention and custody during the investigation, prosecution and judgment must be consented in writing by the body handling the case.
The Decree No. 121/2017/ND-CP also introduces other notable provisions on development and management of the database of execution of temporary detention and custody.
12. Periodic reports on criminal investigation
The Decree No. 128/2017/ND-CP deals with criminal investigation reporting, including the following provisions on deadline for submission of periodic reports:
- The Ministry of National Defence, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People’s Procuracy shall submit:
+ 03-month report by January 15;
+ 06-month report by April 15;
+ 09-month report by July 15;
+ annual report by October 15.
- The Ministry of Public Security shall submit 03-month report, 06-month report, 09-month report and annual report by February 15, May 15, August 15, and November 15 respectively.
The Ministry of Public Security shall submit the above-mentioned reports to the National Assembly, the Standing Committee of the National Assembly, the President, the Government and the Prime Minister; other authorities shall submit the same to the Government (via the Ministry of Public Security).
Contents and time for collecting data to prepare periodic reports on criminal investigation are prescribed in Article 8 of the Decree No. 128/2017/ND-CP.
13. Criteria for determination of border-guard posts in remote and isolated areas
According to the Decree No. 114/2017/ND-CP promulgated on October 09, 2017, a border-guard post is considered as the one in a remote and isolated area if it satisfies one of the following criteria:
- It is a place where troops are stationed and takes charge of managing mountainous or island communes, or coastal areas of very steep and dangerous terrain, difficult transport and far away from district-level administrative centers.
- It is a place where troops are stationed and takes charge of managing mountainous or island communes to which the regional allowance of 0.2 or more and the special allowance of 30% or more are applied in accordance with regulations of regulatory authorities.
- It is a place where troops are stationed and takes charge of managing communes and/or wards in the region playing an important role for the national political security, social security and public order.
Determination of border-guard posts in remote and isolated areas must be conformable with requirements set forth in judicial reform programs.
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