Thông tư 86/2026/TT-BQP quy định danh mục đồ vật cấm đưa vào nơi chấp hành án phạt tù và việc thu giữ, xử lý đồ vật cấm do Bộ trưởng Bộ Quốc phòng ban hành

CIRCULAR

ON THE LIST OF ITEMS PROHIBITED FROM BRINGING IN PLACES OF IMPRISONMENT EXECUTION, AND ON THE CONFISCATION AND DISPOSAL OF PROHIBITED ITEMS

Pursuant to the Law on Execution of Criminal Judgments No. 127/2025/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 hereby issues a Circular on the list of items prohibited from bringing in places of imprisonment execution, and on the confiscation and disposal of prohibited items.

Chapter I

GENERAL PROVISIONS

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This Circular provides for the list of items prohibited from bringing in places of imprisonment execution, and the confiscation and disposal of prohibited items under management of the Ministry of National Defense.

Article 2. Regulated entities

This Circular applies to:

1. Detention centers, temporary detention camps and their sub-camps in the People's Army.

2. Labor and vocational training sites for inmates.

3. Treatment rooms for inmates in medical establishments.

4. Inmates currently serving their sentences.

5. Agencies, units, organizations, and individuals involved in the confiscation and disposal of prohibited items brought into places of imprisonment execution under the management of the Ministry of National Defense.

Article 3. Term interpretation

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1. “Detention facility” means a place that manages, detains, and provides reform education for inmates, including: detention centers, temporary detention camps and their sub-camps in the People's Army.

2. “Place of imprisonment execution” means a place that manages, detains, provides reform education for inmates and implement certain policies for inmates, including:  detention facilities; labor and vocational training sites for inmates; and treatment rooms for inmates in medical establishments.

3. “Item prohibited from bringing in places of imprisonment execution” refers to an item which, if brought into the facility, could compromise the safety of the detention facility, or which an inmate could use to violate the Internal regulations of the detention facility, violate the law, or obstruct detention management, or the investigation, prosecution, adjudication, and judgment execution.

4. “List of prohibited items” refers to the list of items prohibited from bringing in places of imprisonment execution, except for items approved by the Head of the detention facility to serve the requirements of detention management, the implementation of the policies for inmates, the protection of the detention facility, or the operations of the agency/unit or of the medical establishments, provided that safety is ensured and regulations are complied with.

Chapter II

LIST OF ITEMS PROHIBITED FROM BRINGING IN PLACES OF IMPRISONMENT EXECUTION AND THE CONFISCATION AND DISPOSAL OF PROHIBITED ITEMS

Article 4. List of items prohibited from bringing in places of imprisonment execution

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.

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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 inmates, such as: blood pressure monitors, hearing aids, pacemakers, and other auxiliary devices in accordance with laws on healthcare and with the consent of the Head of the detention facility.

6. Cooking appliances, thermos flasks, items made of metal, ceramics, porcelain, stone, earthenware, or glass; sharp or pointed objects and objects that could be used as weapons; and ropes/cords that inmate could use to escape from the detention facility or to cause harm to the life or health of themselves or others.

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

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, residence documents, degrees, certificates, and other certification documents.

10. Books, newspapers, and publications not legally printed or published; 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; books, newspapers, and documents (printed, written, drawn, or in other forms) that adversely affect the management and education of inmates; 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 place of imprisonment execution, cause harm to the inmate or others, affect environmental hygiene or the health of the inmate, or that an inmate could use for violating internal rules or the law.

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1. Upon discovering a prohibited item being brought into a place of imprisonment execution, the responsible officer must prepare a violation record and confiscate the prohibited item, request the violator to make a written statement, and request related persons 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 at a place of imprisonment execution but the violator cannot be identified or is not present, a record of confiscation of the prohibited item shall be prepared, requiring the signatures of 2 (two) witnesses on the record, sealing (if necessary), and verification to clarify the matter for disposal shall be carried out.

3. After preparing the record of confiscation of the prohibited item, the officer must preserve the item and immediately report to the Head of the detention facility for verification and disposal as prescribed.

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

Article 6. Disposal of items prohibited from bringing in places of imprisonment execution

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

a) For prohibited items specified in Clauses 1, 2, and 3 of Article 4 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 4 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, or handed over to the inmate after completing the imprisonment, upon pardon, parole, suspension of imprisonment execution, or handed over to the responsible person if the inmate is transferred to detention facility;

c) For prohibited items specified in Clauses 6, 7, and 8 of Article 4 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;

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dd) For prohibited items specified in Clauses 10 and 12 of Article 4 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 4 of this Circular: where an inmate voluntarily surrenders the item before it is discovered, it shall be placed in deposit or handed over to a family member at the inmate’s request. For cases where the item is discovered and confiscated, it shall be sealed and preserved; if the owner can be identified, after imposing penalty(ies), it shall be handed back to the owner or handed over to the inmate after completing the imprisonment, upon pardon, parole, or suspension of imprisonment execution, or handed over to the responsible person if the inmate 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;

g) Prohibited items related to a criminal case shall be transferred to the competent Investigation authority for disposal in accordance with the law.

2. The Prohibited item disposal council shall decide and organize the destruction of prohibited items. The Prohibited item disposal council shall be chaired by the Superintendent or the authorized Deputy Superintendent(s) of the detention camp or temporary detention camp, with members including the Deputy Superintendent, the Political Officer, the Head of the Custodial Guard Team, the Head of the Judicial Support Team, the Detention and Records Assistant acting as secretary, the Education Assistant (if any), the Military Medical Assistant or military medical staff, and financial staff.  For a sub-camp, the Council shall be chaired by the Deputy Superintendent of the sub-camp, with members including the Deputy Superintendent of the sub- camp, the Head of the Custodial Guard Team, the Head of the Judicial Support Team, the Detention and Records Assistant acting as secretary, military medical staff, and financial staff.

Article 7. Dossiers 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), and the decision on confiscation of the prohibited item;

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

c) The written statement, self-criticism report of the violator and related persons; the report of any witnesses (if any);

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d) Notification of the resolution from the competent authority (if any);

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

g) Penalty decision;

h) The decision on disposal of the prohibited item, and the record on disposal of the prohibited item (the record on handover or destruction of the prohibited item);

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

k) Other relevant documents.

2. The dossiers and documents on the confiscation and handling of prohibited items must be archived in accordance with laws on archives; the penalty decision must be kept in the inmate’s file and the case file. Where the dossier is forwarded to another agency for handling within its competence, a copy shall be retained for archiving as prescribed.

Chapter III

IMPLEMENTATION

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This Circular comes into force from July 1, 2026 and replaces Circular No. 184/2019/TT-BQP dated December 4, 2019 of the Minister of National Defense on prohibited items and the confiscation and disposal of items prohibited from bringing in places of imprisonment execution.

Article 9. Responsibility for Implementation

1. The General Staff, the General Political Department, the heads of agencies and units affiliated to the Ministry of National Defense and relevant agencies, units, organizations and 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