Determination of nationality of persons held in custody or temporary detention. What is consular contact? Consular contact organization. Cases that do not resolve consular contact. Let us learn about this topic with LSX Law firm below:
Legal grounds
Decree 120/2017/ND-CP
Determination of nationality of persons held in custody or temporary detention
According to Article 11 of Decree 120/2017/ND-CP, the determination of nationality of persons held in custody or temporary detention is as follows:
Specifically, in case the person held in custody or temporary detention declares that he or she is a foreigner; the agency accepting the case must send a document to the Ministry of Foreign Affairs (Consular Department or Department of Foreign Affairs of Ho Chi Minh City; for provinces and cities from Quang Nam province and Da Nang city to the south) request to confirm their nationality and notify the agency that is handling the case and the detention facility for coordination in management.
After receiving the document from the agency accepting the case; the Ministry of Foreign Affairs shall have to immediately notify the diplomatic mission or consular office of the country; whose nationality the person held in custody or temporary detention holds a nationality to confirm his/her nationality; and notify the results to the agency that is handling the case and the detention facility.
What is consular contact? Consular contact organization
What is consular contact?
Specifically, consular contact is a diplomatic or consular officer of a diplomatic mission; or a consular office of the country where the person is held in custody; or temporary detention of nationality to conduct consular contact.
Besides, the Ministry of Foreign Affairs is the focal point to receive requests for consular contact. A foreign diplomatic mission or consular office that requests consular contact with a person held in custody or temporary detention; a citizen of their home country must send a written request to the Ministry of Foreign Affairs. The proposed text includes:
First, the name of the diplomatic mission or consular office sending the document;
Second, the full name and nationality of the person held in custody or temporary detention who need consular contact;
Thirdly, the facility is holding the person in custody or temporary detention;
Also, Full name, position, passport number, or diplomatic card number of the consular contact;
In addition, Full name of the interpreter (if any);
Finally, the content of the consular contact and other proposals (if any).
Consular contact organization
When there is a request for consular contact, the Ministry of Foreign Affairs is responsible for notifying the consular contact’s content to the agency handling the case.
Within 02 working days; from the date of receipt of a notice from the Ministry of Foreign Affairs requesting consular contact with the person held in custody or temporary detention; the agency currently accepting the case shall assume the prime responsibility for coordinate with detention facilities to reply in writing consenting to consular contact and send it to the Ministry of Foreign Affairs to notify foreign diplomatic or consular offices of the request to contact the case-handling agency. Detention facilities are holding consular contact.
In case of refusal to allow consular contact, the agency accepting the case shall reply in writing clearly stating the reason for the Ministry of Foreign Affairs to notify the requesting foreign diplomatic mission or consular office. Consular contact.
– At the request of the agency accepting the case, it shall coordinate with the detention facility in supervising and monitoring consular contact.
Cases that do not resolve consular contact
According to Article 14 of Decree 120/2017/ND-CP, cases where consular contact is not resolved include:
Firstly, Persons held in custody or temporary detention refuse consular contact.
Secondly, For urgent reasons to ensure security, order, and safety of detention facilities.
Also When an epidemic occurs at the detention facility.
When giving first aid to persons held in custody, temporary detention; or temporary detention, persons in temporary detention who are suffering from group A infectious diseases.
In addition, Persons who come to consular contact violate the rules of detention facilities.
Besides, Persons held in custody or temporary detention who violate the rules of detention facilities are being disciplined.
Finally, hope this article is helpful for you!
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Related questions
Consul is a diplomatic officer of a country located in a city of another country to look after and protect the interests of its nationals living there. Countries that have diplomatic relations with each other often have their embassies located in the capital, while the Consulate General is usually located in places where many foreigners live or have economic interests of that country.
Persons held in custody or temporary detention who violate the rules of detention facilities and the detention management regime shall, depending on the nature and seriousness of their violations, be disciplined in one of the following forms: + Warning; + Isolation;..
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