Sun. Nov 17th, 2019

Regarding the legal obligation of detainees to abide by center rules

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ee Joint Circular 22/2004/TTLT-BLDTBXH-BCA, “Guiding the Implementation of a Number of Articles of the Government’s Decree No. 135/2004/ND-CP of June 10, 2004,” issued by the Ministry of Labor and the Ministry of Public Security, dated December 31, 2004, section B.

See Decree 94/2009/ND-CP, October 26, 2009, arts.17- 25.

Appeals of administrative decisions can be appealed under Ordinance 44, art. 44 and Decree 76, art. 35.

International Covenant on Civil and Political Rights (ICCPR),  tiep bong da k+ adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976, acceded to by Vietnam on September 24, 1982.

An arbitrary detention includes detentions for which there is no basis in law, or which are not carried out in accordance with the law, but also include detentions with “elements of inappropriateness, injustice, lack of predictability and due process of law.” See, Communication No. 458/1991, A. W. Mukong v. Cameroon (Views adopted on 21 July 1994), in U.N. doc. GAOR, A/49/40 (vol. II), p. 181, para.. 9.8. The UN Human Rights Committee has confirmed that art. 9(1) “is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, etc.” See Human Rights Committee, “General Comment 8: Right to liberty and security of the person (art.9),” June 30, 1982, para. 1.

Human Rights Watch interview with Vu Ban, Ho Chi Minh City, 2010.

Regarding the legal obligation of detainees to abide by center rules, the 2009 decree establishes that detainees have a responsibility “to actively participate in laboring and production [and] to complete the assigned target on volume and quality of work.” Decree 94/2009/ND-CP, October 26, 2009, art. 34(1)(b) [translation by Human Rights Watch]. See also Decree 135/2004/ND-CP, June 10, 2004, arts. 30 and 32. Regarding the director’s authority to punish detainees, see Decree 135/2004/ND-CP, June 10, 2004, art. 57(1) and Decree 94/2009/ND-CP, October 26, 2009, art. 43(1).

See Decree 135/2004/ND-CP, June 10, 2004, art. 70(3) ; Decree 94/2009/ND-CP, October 26, 2009, art. 31(2).

For example, Human Rights Watch interview with Can Loc, Ho Chi Minh City, 2010.

Human Rights Watch interview with Quy Hop, Ho Chi Minh City, 2010.

Human Rights Watch interview with Dinh Lap, Ho Chi Minh City, 2010.

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