Responsibilities of agencies in consular contact organizations. Coordination in organizing consular contacts and Consular contact time. Let us learn about this topic with LSX Law firm below:
Legal grounds
Circular 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC
Decree 120/2017/ND-CP
Responsibilities of agencies, organizations, and individuals in consular contact organizations
Responsibilities of agencies in consular contact organizations:
Firstly, Heads of detention facilities shall organize consular contact for diplomatic missions and consular offices with foreign nationals held in custody or temporary detention; and ensure foreign relations requirements and the lawful rights and interests of persons held in custody and temporary detention.
Secondly, The functional agencies of the Ministry of Foreign Affairs are responsible for coordinating with the detention facility to organize consular contact according to regulations. In case of necessity; the head of the detention facility invites a representative of the Ministry of Foreign Affairs; or Representatives of the Vietnam Red Cross Association to attend.
Responsibilities of consular contact tracing officers:
Receive referrals, check passports and diplomatic cards of consular contacts.
Also, Notify regulations on consular contact and the health status of detainees and detainees entitled to consular contact.
Additionally, Having an appropriate form to supervise the process of consular contact, making a record of consular contact.
During consular contact, if the person who comes into consular contact or the person held in custody or temporary detention violates the detention facility’s rules; the monitoring officer shall remind or report to the head of the detention facility. Decided to terminate consular contact.
Moreover, Report on a proposal to resolve diplomatic missions’ recommendations and consular offices (if any).
Responsibilities of consular contact persons:
Firstly, Present a consular contact introduction, passport, or diplomatic card; interpreters must have identification documents and be introduced by a diplomatic mission.
Secondly, To strictly abide by the regulations of the detention facility; only perform the contact contents stated in the request; and be subject to the supervision and supervision of the detention facility or the agency that is handling the case.
The sending of letters, gifts, money, books, and daily-life items during consular contact shall comply with Clause 2; Article 27, and Article 29 of the Law on enforcement of custody and temporary detention.
Thirdly, Not to transfer to the person held in custody or temporary detention the items on the list of prohibited items from the detention facility or contact other people in the consular contact area.
Moreover, Strictly complying with the provisions of Vietnamese law; without words or gestures showing support for the illegal acts of the person held in custody or temporary detention.
In the process of consular contact, it cannot use video recording, audio recording; photography, or other technical equipment without the consent of the detention facility.
Also, Not to conduct activities other than the content of consular contact.
Coordination in organizing consular contacts
According to Joint Circular 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC:
Firstly, coordinating visits, consular meetings, and humanitarian organizations with foreign nationals held in custody or temporary detention shall comply with Article 22 of the Law on enforcement of custody and temporary detention.
Additionally, When receiving a request for contact with a consular officer; or a humanitarian organization for a person held in custody or temporary detention being a foreigner; the agency that is handling the case shall assume the prime responsibility for and coordinate with the agency in charge of; the agency handling the case. The detention facility shall reply whether or not to consent to consular contact; or humanitarian organization to notify the diplomatic mission or humanitarian organization.
In case of consenting to consular contact or humanitarian organization, the head of the detention facility shall decide the time and location of the consular contact or humanitarian organization in writing and keep the detention file.
If the agency accepts the case requests supervision, it shall coordinate with the detention facility to organize the implementation.
Consular contact time
According to Article 18 of Decree 120/2017/ND-CP:
The detainee may make one consular contact during the custody period, one time during each extension of the custody period, each time not exceeding 01 hours.
Furthermore, a person held in temporary detention is entitled to consular contact once a month. The time of consular contact is held during working hours or working days, each not exceeding 01 hour.
Besides, increasing the number of consular contacts must be approved by the agency handling the case.
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Related questions
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.
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.
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