Research allows detainees to receive essential items for daily life and health care

Discussing at Group 9 (including the National Assembly delegations of Hung Yen and Hai Phong provinces) on the morning of November 4, a delegate suggested that the drafting agency consider expanding the scope of Clause 2, Article 28 in the direction of allowing people in temporary detention to receive money, gifts and essential items for daily life and health care; and clearly defining the responsibility for inspection, supervision, ensuring safety and transparency.

On the morning of November 4, right after the meeting in the hall, the National Assembly deputies discussed in groups: the draft Law on temporary detention, temporary imprisonment and prohibition from leaving the place of residence; the draft Law on Criminal Judgment Enforcement (amended); the draft Law on amending and supplementing a number of articles of the Law on Judicial Records.

Vice Chairman of the National Assembly Nguyen Khac Dinh and National Assembly Deputies of Group 9 discuss. Photo: Khanh Duy

Clearly define the responsibilities of each level

Speaking at the discussion session in Group 9, Vice Chairman of the National Assembly Nguyen Khac Dinh emphasized the principles of law-making in the judicial field.

Accordingly, for laws in the fields of civil, economic , cultural and social development, they should be designed to only regulate contents under the authority of the National Assembly, and specific contents will be assigned to the Government for detailed regulations.

However, with the draft laws on justice, "the more specific the regulations, the better", ensuring proper implementation of the provisions in Article 14 of the Constitution and 3 draft laws (the draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving the Place of Residence; the draft Law on Criminal Judgment Execution (amended); the draft Law on Amending and Supplementing a Number of Articles of the Law on Judicial Records) have demonstrated this spirit.

Vice Chairman of the National Assembly Nguyen Khac Dinh speaks at the discussion session of Group 9. Photo: Khanh Duy

The Vice Chairman of the National Assembly acknowledged the opinions of the delegates when suggesting to reduce the word "may", clearly defining the responsibilities of each level, from the commune police, the commune People's Committee to the responsibilities of the prison, the family and the society; and said that the National Assembly Standing Committee and the agencies will absorb the opinions of the delegates, have a report to present to the National Assembly for consideration and decision.

The Vice Chairman of the National Assembly also stated that it is necessary to demonstrate the spirit of simplifying administrative procedures, not causing difficulties for people, especially in the issue of judicial records; expanding the competent authorities to issue judicial records, and moving towards allowing citizens to obtain judicial records through the National Electronic Information Portal.

Giving opinions on the draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence, National Assembly Delegate Vu Hong Luyen (Hung Yen) was interested in Article 17 on classification and management of detention.

National Assembly Delegate Vu Hong Luyen (Hung Yen) speaks. Photo: Khanh Duy

According to the delegate, Point e, Clause 1, Article 17 stipulates the classification and management of detention for cases of people with group A infectious diseases, people infected with HIV, AIDS. However, in reality, some group B infectious diseases, in addition to viral diseases caused by acquired immunodeficiency syndrome in humans, also have a number of other diseases, such as pulmonary tuberculosis, measles, mumps, chickenpox, malaria... all of which have a very high risk of infection. Meanwhile, detention and temporary detention cells have very small areas, limited air and wind circulation.

Therefore, delegate Vu Hong Luyen suggested that the drafting agency study regulations in the direction of "people with group A infectious diseases, people infected with HIV, AIDS, people with some other infectious diseases in group B that are highly contagious and affect the health of detainees and prisoners".

Clause 1, Article 17 of the draft Law stipulates the case of people who regularly violate the regulations of detention facilities. Delegate Vu Hong Luyen said that if the regulation is "people who regularly violate the regulations of detention facilities", it is not specific about what is "regular" and what is the level of violation? Therefore, it is necessary to study and amend it to "people who violate the regulations of detention facilities 2 times or more" to ensure consistency, transparency and ease of implementation.

Allow detainees to receive money, gifts and essential items for daily life and health care.

Article 28 of the draft Law stipulates that detainees and prisoners are allowed to receive money and essential items for daily life from their relatives. National Assembly member Dinh Thi Ngoc Dung (Hai Phong) noted that, compared to the current Law, this provision has been narrowed in scope by removing the phrase "gift" and only stating "essential items". And, through the management practices at detention and temporary detention facilities, the delegate said that this provision "is still not really suitable".

The reason is that, in conditions of temporary detention, family visits such as food, medicine or small gifts from relatives not only have material meaning but also spiritual encouragement, demonstrating the humanity and cultural traditions of the Vietnamese people.

National Assembly Delegate Dinh Thi Ngoc Dung (Hai Phong) speaks. Photo: Khanh Duy

“Allowing relatives to send gifts and appropriate food also helps to share the budget burden for the State, while at the same time, strengthening the bond between detainees and their families and communities. This is an important factor in the process of rehabilitation and reintegration later on.”

Emphasizing the above viewpoint, delegate Dinh Thi Ngoc Dung suggested that the drafting agency consider expanding the scope of Clause 2, Article 28, allowing detainees to receive money, gifts and essential items for daily life and health care. In addition, clearly define the responsibility for inspection and supervision to ensure safety and transparency.

“This is not just a technical legislative issue but a concrete manifestation, with a humanitarian spirit and principles of ensuring human rights in the implementation of temporary detention and imprisonment, a policy that clearly demonstrates a humane nature,” delegate Dinh Thi Ngoc Dung stated.

Source: https://daibieunhandan.vn/nghien-cuu-cho-phep-nguoi-bi-tam-giu-tam-giam-duoc-nhan-do-vat-thiet-yeu-phuc-vu-sinh-hoat-cham-soc-suc-khoe-10394313.html