Vietnam Enhances Coordination in Custody and Detention Enforcement

Effective from July 1, 2026, Vietnam will implement new regulations to enhance the efficiency of custody and detention management and enforcement. This Joint Circular No. 05/2026/TTLT-BCA-BQP-VKSNDTC-TANDTC, issued by the Ministry of Public Security, Ministry of National Defence, the Supreme People's Procuracy, and the Supreme People's Court, specifically defines the coordination mechanism between detention facilities and judicial procedural agencies, as well as the prosecution. The circular clarifies the coordination between the public security and military agencies managing custody and detention, and prohibiting departure from residence, with agencies and individuals authorized to conduct procedural activities and the prosecution in managing and enforcing custody and detention. Notably, it clarifies the responsibility of courts in transferring detained defendants for trial, ensuring that procedural activities are conducted safely and legally. Coordination must be proactive, regular, close, timely, and adhere to information security regulations, while respecting the functions, duties, and powers of each agency. One significant aspect of the circular is the specific regulation of the court's coordination responsibility in organizing trials for detained defendants. Accordingly, the competent court must send the decision to bring the case to trial and the order to extract the detained person as a defendant to the detention facility where they are being held at least 10 days before the trial. Furthermore, when necessary, the court must consult with the escorting agency regarding the complexity of the case and the defendant's dangerousness to develop a plan to ensure security and safety during the transfer. Based on the nature and characteristics of the case and related factors, the escorting agency is responsible for developing a plan and organizing the defendant's escort to the trial location on time, while coordinating with court protection forces to ensure safety throughout the trial. In cases where a trial is adjourned but the defendant cannot be returned to the detention facility, the circular stipulates that the court is responsible for arranging a location to manage the defendant. The escorting agency will continue to manage and closely supervise, while coordinating with the detention facility and the issuing authority to ensure the defendant's meals and drinks comply with regulations. In addition to regulations on trial activities, the coordination responsibilities between detention facilities and case-handling agencies throughout the entire process of managing detained persons are also specifically stipulated. The case-handling agency is responsible for fully handing over case files, documents, exhibits, assets, and necessary information to the detention facility upon receiving the detained person. If a detained person is found to have injuries, serious illnesses, signs of mental illness, is pregnant, or has a history of drug use, this must be fully recorded in the handover minutes. The circular also provides for regular information exchange on the detained person's ideological developments, health status, and compliance with internal rules; coordination in transfers between detention facilities; extraction for investigation, prosecution, and trial; medical examination and treatment, forensic examination; as well as handling visits from relatives, defense counsel, and consular contact for foreigners. For cases involving the extraction of multiple individuals simultaneously, or particularly serious offenders and dangerous repeat offenders, the escorting agency must develop a detailed plan and report it to the competent authority for approval to ensure absolute safety. The circular also clarifies the coordination mechanism between detention facilities and the Procuracy in inspecting the management and enforcement of custody and detention. It also stipulates the responsibility for coordinating the handling of arising situations such as escape, death of a detained person, or any sudden incidents affecting security and safety at the detention facility. The improvement of the coordination mechanism among courts, investigating agencies, procuracies, detention facilities, and escort forces is expected to contribute to enhancing the effectiveness of custody and detention management and enforcement, while ensuring that investigation, prosecution, and trial activities are conducted in accordance with procedures and better protect the legitimate rights and interests of all parties involved in the proceedings.