Thông tư 83/2026/TT-BQP quy định Nội quy cơ sở giam giữ trong Quân đội nhân dân và danh mục đồ vật cấm đưa vào khu vực giam giữ do Bộ trưởng Bộ Quốc phòng ban hành

CIRCULAR

ON THE INTERNAL RULES OF DETENTION FACILITIES WITHIN THE PEOPLE'S ARMY, AND THE LIST OF ITEMS PROHIBITED FROM BRINGING IN DETENTION AREAS

Pursuant to the Law on the execution of temporary detainment, detention, and home confinement No. 128/2025/QH15;

Pursuant to Decree No. 01/2022/ND-CP of the Government on the functions, tasks, powers and organizational structure of the Ministry of National Defense amended by Decree No. 03/2025/ND-CP;

At the request of the Director of the Criminal Investigation Department of the Ministry of National Defense,

The Minister of National Defense issued a Circular on the internal rules of detention facilities within the People's Army, and the list of items prohibited from bringing in detention areas.

Chapter I

GENERAL REGULATIONS

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This Circular provides for the Internal rules for detention facilities in the People's Army, including: Detention camps, detention sub-camps, and custody houses of regional criminal investigation authorities; custody cells of Border Guard and Coast Guard Regions; list of items prohibited from bringing in detention areas and the detection, confiscation, and disposal of prohibited items.

Article 2. Regulated entities

1. Detention camps, detention sub-camps of detention camps of the Ministry of National Defense, and detention camps of military zone and the 34th Army Corps; custody houses of regional criminal investigation authorities in the People's Army; custody cells of Border Guard and Coast Guard Regions.

2. Temporary detainees and persons in detention.

3. Relevant agencies, organizations, units, and individuals.

Article 3. Implementation principles

1. Comply with the Constitution and laws; ensure human rights, the interests of the State, and the legitimate rights and interests of organizations and individuals.

2. Strictly comply with the orders and decisions of the competent authorities/persons responsible for the management and execution of temporary detainment and detention; comply with the direction, guidance, and inspection of the detention facility.

3. Respect one's own life, health, honor, and dignity as well as those of others; protect the property of the detention facility and of temporary detainees and persons in detention; report wrongful, negative, or unlawful conduct within the detention facility.

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Article 4. Term interpretation

In this Circular, the below terms are construed as follows:

1. An item prohibited from bringing in the detention area refers to an item which, if being brought into the detention area, would compromise the security and safety of the detention facility; which a temporary detainee/person in detention could use to commit a violation against the Internal Rules of the detention facility, to violate the law, or to obstruct the execution of temporary detainment or detention or the investigation, prosecution, adjudication, and judgment execution.

2. The list of prohibited items refers to the list of items prohibited from bringing in the detention area, except for items approved by the Head of the detention facility has agreed to be brought in the facility to serve the requirements for temporary detainment /detention management, the policy implementation for temporary detainees/persons in detention or to serve the investigation, prosecution, or adjudication; the management and use of such items must ensure safety.

3. A detention area refers to the area that have detention works and auxiliary works serving detention purposes, including: the detention zone; the zone for medical examination and treatment of temporary detainees/persons in detention; and the zone organized for visits, work, statement-taking, interrogation, and other activities in respect of temporary detainees/persons in detention for the purpose of closely managing such persons and ensuring safety.

Chapter II

INTERNAL RULES OF DETENTION FACILITIES

Article 5. Prohibited acts

1. Destroying the detention facility, or intentionally damaging the property of the detention facility or of others; escaping, organizing an escape from the place of detention, or concealing, condoning, supporting, or aiding conspiracies or acts aimed at escaping from the detention facility.

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3. Threatening, beating, or bullying others; transmitting viruses or dangerous infectious diseases to others; appropriating the property of others, self-mutilation, tattooing oneself or tattooing another person's body; attaching or embedding metal objects or other materials into one's own body or another person's body.

4. Engaging in same-sex sexual relations with one another, or committing lewd acts in any form.

5. Forming associations, groups, or factions in any form; displaying an uncivil attitude, speech, or conduct, causing quarrels, or insulting the honor and dignity of others; hiring or coercing others to serve oneself.

6. Keeping, using, and disseminating cultural or ideological content that is reactionary or depraved, or illegally propagating religion; engaging in fortune-telling, worship ceremonies, religious preaching, superstitious practices, or gambling in any form.

7. Arbitrarily changing one's sleeping place; engaging in conduct that causes unsanitary conditions within the detention facility.

8. Resisting or obstructing, or inciting, instigating, enticing, luring, or coercing others to resist or obstruct compliance with the internal rules of the detention facility; spreading false information intended to incite others to cause disorder within the detention facility.

9. Faking illness or pain, or engaging in acts aimed at evading or failing to comply with the instructions and guidance of detention facility officers and medical establishments.

10. Committing other violation against the law.

Article 6. Regulations regarding temporary detainees and persons in detention

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2. Strictly comply with the daily activity schedule and maintain general order and hygiene; men must keep their haircut short and must not grow beards or mustaches; women must keep their hair neatly arranged.

3. Use Vietnamese in communication, except for foreigners, ethnic minority persons who do not yet know Vietnamese, or persons with speech disabilities; when addressing an officer, use "tôi" and "cán bô"; when addressing a visitor or a person conducting work, use "tôi" and “quý khách”; when communicating with one another, forms of address shall be appropriate to age and gender. Upon being extracted from the cell, one must wear full-length, neat, and clean clothing and strictly follow the guidance of the officers of the detention facility.

4. Promptly and truthfully report to officers any cases of violation of the detention facility's internal rules, cases of illness, sickness, or injury of oneself or others, and any situations affecting the security and safety of the detention facility.

5. Be provided with the prescribed meal standard and must eat at the prescribed times; may use gifts or deposited funds to purchase ready-to-eat processed food as an additional food supplement as prescribed.

6. A temporary detainee/person in detention may only bring clothing, blankets, mosquito nets, and sleeping mats, and other items necessary for personal daily use, as well as items for a child under 36 months of age if living together with their mother who is a temporary detainee/person in detention; if lacking, the detention facility shall lend such items; personal belongings and items must be arranged neatly and tidily, placed in the prescribed location, and kept clean.

7. Personal belongings, items, money, and other assets must be deposited for safekeeping at the detention facility, or entrusted to a family member or lawful representative for management.

8. Remain in the prescribed location, maintain general hygiene, and comply with inspections, controls, roll calls, and headcounts of the detention facility. Restrain from writing or drawing on walls or doors, or engaging in conduct that causes disorder at the detention facility.

Article 7. Regulations for persons coming for visits, contact, or work

1. Upon arriving at the detention facility, one must present full identification documents and wear neat attire; a person coming for work must wear the attire prescribed by their sector; one must comply with the detention facility's guidance and the prescribed times for visits, contact, or work; and must maintain a civil, courteous attitude and preserve general hygiene.

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3. Restrain from entering the detention area without authorization, moving about freely, making contact with, receiving, or passing items or documents to, or exchanging information with, temporary detainees/persons in detention. The use of communication devices, photography, audio recording, video recording, or interviewing must have the consent of the Head of the detention facility.

4. Restrain from take advantage of a visit, contact, or work session to gather, propagandize, incite, or cause a breach of security and order; restrain from using uncivil speech or conduct, or insulting the prestige and honor of officers on duty or of other persons, or aiding or inciting a temporary detainee/person in detention to violate the internal rules of the detention facility.

5. A person coming to visit, contact, or work with a temporary detainee/person in detention has the right to give comments, submit petitions, report, or file complaints and denunciations regarding acts violating the law on management and execution of temporary detainment/detention within the detention facility.

Article 8. Regulations for officers, staff, and soldiers of the detention facility

1. Strictly comply with Law No. 128/2025/QH15, other laws, the Military personnel management regulations, sectoral regulations, and units’ regulations.

2. Restrain from entering the detention area, exchanging information with temporary detainees/persons in detention, or providing information relating to such person to other organizations or individuals, without assignment or permission from the Head of the detention facility.

3. Restrain from using or allowing another person to use items on the list of prohibited items within the detention area, except for equipment, devices, or other items serving official duties as prescribed.

4. Restrain from borrowing, lending, buying, selling, exchanging, receiving, or transferring money, gifts, or items belonging to a temporary detainee/person in detention, his/her family, or other persons connected to such person, for the purpose of personal gain.

5. Restrain from aiding, concealing, or coercing a temporary detainee/person in detention, or another person, into violating the internal rules of the detention facility or the law.

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A temporary detainee/person in detention, or a relevant agency, organization, unit, or individual who violates these Internal Rules shall, depending on the nature and severity of the violation, be subject to penalties in accordance with Law No. 128/2025/QH15 and other relevant documents.

Chapter III

LIST OF ITEMS PROHIBITED FROM BRINGING IN DETENTION AREAS AND THE DETECTION, CONFISCATION, AND DISPOSAL OF PROHIBITED ITEMS

Article 10. List of items prohibited from bringing in detention areas

1. Military weapons, cold weapons, sporting weapons, hunting rifles, other weapons with similar features and effects, and components for assembling weapons; explosive materials and explosive precursors.

2. Support instruments: guns used to fire plastic, explosive, or rubber bullets, tear gas, signal flares, signaling or marking rounds; electroshock guns, asphyxiant gas guns, guns firing toxic substances, anesthetic agents, magnetic-force guns, laser guns, and net-firing guns; line-throwing guns and the ammunition used for these guns; devices for spraying tear gas, asphyxiant gas, toxic substances, anesthetic agents, or irritant substances; smoke grenades, tear-gas grenades, and explosive charges; electric batons, rubber batons, metal batons; figure-8 handcuffs, spike boards, barbed wire; body armor, electric gloves, knife-resistant gloves; shields, bulletproof helmets, and other support instruments; and other instruments with features and effects similar to support instruments.

3. Narcotic substances and precursors; anesthetic agents, poisons, toxic gases, radioactive substances; harmful and hazardous chemicals.

4. Flammable substances, fire-causing substances, and fire-causing objects.

5. Electronic devices and components, communication equipment, audio/video recording devices, and watches/clocks, except for electronic medical equipment used to ensure the personal health of temporary detainees/persons in detention, such as: hearing aids, pacemakers, and other assistive devices as prescribed by medical law and with the approval of the head of the detention facility.

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7. Alcohol, beer, alcoholic beverages, cigarettes, tobacco for water pipes, cigars, and other stimulant substances; preventive and curative drugs, and dietary supplements not yet approved by the Head of the detention facility.

8. Fresh raw food, or food that has been preliminarily processed or processed but lacks proper preservation conditions and does not ensure food hygiene and safety in accordance with laws on food safety.

9. Personal identification papers, professional certification documents, degrees, certificates, and other certification documents.

10. Books, newspapers, and publications not legally published; religious or belief-related publications not permitted to be circulated; books, newspapers, documents, drawings, photographs, films, tapes, or discs containing content aimed at opposing the Socialist Republic of Vietnam, illegal religious propagation, superstition, or depravity; those that adversely affect the management and education of temporary detainees/persons in detention; and playing cards, means, or tools that could be used for gambling in any form.

11. Vietnamese dong currency, foreign currency, valuable papers, gold, silver, gemstones, precious metals, bank cards, and electronic payment cards of any kind.

12. Other items that could compromise the safety of the detention facility, cause harm to the temporary detainees/persons in detention or others, adversely affect environmental hygiene or the health of the temporary detainees/persons in detention, or that a temporary detainee/person in detention could use for the purpose of violating internal rules or the law.

Article 11. Detection and confiscation of prohibited items

1. Upon discovering a prohibited item being brought into the detention area, the responsible officer must prepare a violation record and confiscate the prohibited item, request the violator to make a written statement and any witnesses (if any) to make statements/reports. The seizure record must describe the name of the prohibited item, clearly identifying the quantity, weight, type, shape, size, color, condition, and other characteristics of the confiscated prohibited item. Items suspected of being gold, silver, gemstones, precious metals, narcotics, or other items capable of being sealed must be sealed, bearing the signatures of the person preparing the record, the violator, and the witness(es).

2. In cases where a prohibited item is discovered but the person who brought it in, stored it, or used it cannot be identified or the violator not present at the time of confiscation, a record of confiscation of the prohibited item shall be prepared with the signatures of at least 2 (two) witnesses on the record, sealing (if necessary), and verification to clarify the matter for disposal shall be carried out.

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4. The detention facility shall arrange storage and preservation location and assign officers, prevent loss or damage; the handover and receipt of prohibited items must be recorded in a record and fully logged.

Article 12. Disposal of prohibited items

1. Prohibited items, once confiscated, shall be disposed of as follows:

a) For prohibited items specified in Clauses 1, 2, and 3 of Article 10 of this Circular: immediately after confiscation, the detention facility must conduct inspection and verification, and simultaneously notify and immediately forward the relevant dossiers, documents, and items to the competent authority for disposal in accordance with the law;

b) For prohibited items specified in Clauses 4 and 5 of Article 10 of this Circular: after confiscation, inspection and verification must be conducted; where there are signs of a crime, or where the item is one whose internal content or data the detention facility is unable to inspect or verify, the Head of the detention facility must report to the competent authority for inspection, verification, clarification, and disposal as prescribed. For case where there are no signs of a crime, after handling the violation, if the item has no value, it shall be destroyed as prescribed; for items of value, they shall be sealed, preserved, and handed back to the owner, to the person after leaving the detention facility, or to the responsible person if the temporary detainee/person in detention is transferred to another detention facility;

c) For prohibited items specified in Clauses 6, 7, and 8 of Article 10 of this Circular: based on the outcome of the meeting of the Prohibited Items Disposal Council, the Head of the detention facility shall issue a disposal decision and organize destruction as prescribed;

d) Prohibited items specified in Clause 9 of Article 10 of this Circular: after confiscation, they shall be transferred to the deposit unit for management and returned to the temporary detainee/person in detention upon release, to the responsible person if such person is transferred to another detention facility, or to his/her family member at his/her request;

dd) Prohibited items specified in Clauses 10 and 12 of Article 10 of this Circular: after confiscation, inspection, verification, and dossier preparation must be carried out before organizing destruction;

e) For prohibited items specified in Clause 11 of Article 10 of this Circular: they shall be sealed and preserved; if the owner can be identified, after handling the violation, such items shall be returned to the owner, or procedures shall be carried out to place them in deposit; such items shall then be returned to temporary detainee/person in detention upon release or to the responsible person if such person is transferred to another detention facility. If the owner cannot be identified, the Head of the detention facility shall report to the competent authority for disposal in accordance with the law;

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2. A Council shall be established for handling the destruction of prohibited items. Such Council shall include:

a) For temporary detention camps: chaired by the Superintendent or the authorized Deputy Superintendent(s) with members including the Deputy Superintendent, the Political Officer, the Head of the Custodial Guard Team, the Head of the Judicial Support Team, military medical officer(s)/staff, the detention and record assistant, and financial staff. For a sub-camp of a temporary detention camp: chaired by the Superintendent/Head of the sub-camp, with other members the same as the Council of the temporary detention camp;

b) For a custody house under a regional criminal investigation authority: chaired by the Head of the regional criminal investigation authority, with members including the Deputy Head of the regional criminal investigation authority, the Head of the custody house, and the general affairs assistant;

c) For a custody cell of the Border Guard: chaired by the Station Chief or the Commander of the Border Guard at the port border checkpoint, with other members decided by the Chairperson;

d) For a custody cell of a Coast Guard Region: decided by the Commander of the Coast Guard Region.

Article 13. Dossier on the confiscation and disposal of prohibited items

1. A dossier on the confiscation and disposal of prohibited items includes:

a) The incident record, the record of confiscation of the prohibited item, the sealing record (if any);

b) The working record or the statement-taking record of the violator, related persons, and any witnesses;

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d) The notification of the handling outcome from the investigation authority, in cases where the violation is not subject to criminal prosecution;

dd) The report of the officer who discovered and confiscated the prohibited item; the report proposing the form of disposal;

e) The minutes of the meeting of the Council for disciplinary action of the detention facility, and the minutes of the meeting of the Prohibited item disposal council (if any);

g) The disciplinary decision against the violator;

h) The decision on disposal of the prohibited item; the record on disposal the prohibited item (the record of handover or destruction of the prohibited item, or the record of returning the item to the temporary detainee/person in detention);

i) The record on handover of the dossiers, documents, and items (if transferred/forwarded to competent authorities for handling as prescribed);

k) Other relevant documents.

2. The dossier on the disposal of prohibited items must be archived as prescribed; documents relating to the temporary detainee/person in detention must be copied and kept in the management file of that person.

Chapter IV

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Article 14. Effect

1. This Circular comes into force from July 1, 2026.

2. Chapters I and V of the Internal Rules of Detention Facilities within the People's Army, issued together with Circular No. 27/2018/TT-BQP dated March 12, 2018, of the Minister of National Defense, are annulled from the date this Circular comes into force.

Article 15. Responsibility for Implementation

1. The General Staff, the General Political Department, the heads of relevant agencies and units, and relevant individuals are responsible for implementing this Circular.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense shall take charge and cooperate with the heads of relevant agencies and units in providing guidance and organizing the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




General Nguyen Van Gau