Vietnam Eases Regulations for Detainees, Enforcement Still Under Question

Mrs. Vu Minh Khanh has yet to meet with her husband human rights lawyer Nguyen Van Dai since his arrest in mid-December last year.

Mrs. Vu Minh Khanh has yet to to be allowed to meet with her husband human rights lawyer Nguyen Van Dai since his arrest in mid-December last year.

Human rights defenders have expressed its concerns about the implementation of the new regulations, especially in political cases.

By Vu Quoc Ngu, June 22, 2016

Vietnam has eased regulations for detainees in criminal cases according to a new law which will be effective from July.

According to the newly-adopted Law on Detention, people who are in police’s custody for criminal allegation have the right to meet their relatives once a month.

Until now, Vietnamese detainees have only right to receive material supports from their families but not meet their relatives in police detention facilities during the investigation period and the pre-trial period.

The new law will also grant detainees’ right to meet with their legal representatives to settle civil works.

The new regulations are the big progress, said lawyer Phan Trung Hoai. Until now, the detainees can only receive material supports from their families, he noted.

Lawyer Nguyen The Huu Trach from Ho Chi Minh City said the current Vietnamese law regulates that detainees can meet their relatives if the investigation agencies agree. In many cases, detainees are not allowed to meet with their family members during the pre-trial period, he said.

According to Article 22 of the Law on Detention, detainees can meet their relatives once during the detention, and one more time during every extended detention while prosecuted detainees can receive their relatives once a month. However, the visits are needed to be approved by the heads of the detention facilities.

Human rights defenders have expressed its concerns about the implementation of the new regulations, especially in political cases.

Human rights lawyer Nguyen Van Dai, who was arrested on December 16 last year on allegation of anti-state propaganda under Article 88 of the Penal Code, has not been allowed to meet with his relatives so far. Prominent blogger Nguyen Huu Vinh (aka AnhBaSam) has not permitted to receive his family’s visit after being sentenced to five years in prison in the first hearing on March 24.

Currently, the Ministry of Public Security manages all detention facilities and prisons despite proposals of many legislators to hand over them to the Ministry of Justice.