Cases of temporary administrative detention from January 1st, 2022

Accordingly, the temporary detention of people according to administrative procedures is applied in the following 5 cases:
1) To promptly prevent or stop the acts of disturbing public order and inflicting injury on others.
2) To promptly prevent or stop of smuggling, Illegal trafficking of goods or money across the border.
3) To implement of measures including mandatory attendance at a correctional institution or rehabilitation center;
4) People who commit acts of domestic violence mustn’t contact based on the Law on Domestic Violence Prevention and Control;
5)  To determine drug addiction for illegal drug users.

Thus, compared with the current regulations in Article 122 of the Law on Handling of Administrative Violations 2012 (amended by Clause 1, Article 102 of the Customs Law 2014), the new regulations have added cases (3), (4), (5).

In addition, the Law on Handling of Administrative Violations 2020 also adds and amends the maximum detention.

 “The temporary maximum detention according to administrative procedures shall not exceed 12 hours; if urgent, the temporary detention period may be extended but must not exceed 24 hours from the time of detention of the violator; In case of temporary detention of administrative violators in border areas or remote mountainous areas or islands, the detention time shall be counted from the time the violators are escorted to the place of custody.”

For cases of temporary detention for determination of drug addiction as prescribed at Point đ, Clause 4 of this Article, the temporary detention may be longer but not exceed 5 days from the time detaining the violator.

People taken in an aircraft or ship must be transferred immediately to a competent authority when the aircraft arrives at the airport or a ship arrives at a port.”;

The amended law on handling of administrative violations 2020 has taken effect since January 1^st, 2022