I. Legal basis

• Circular No. 57/2026/TT-BCA

II. New regulations on visits to temporary detainees effective from 1 July 2026

Pursuant to Clause 1, Article 8 of Circular No. 57/2026/TT-BCA, visits by relatives to persons held in temporary custody or temporary detention shall be arranged at the visitation room of the detention facility. The head of the detention facility shall be authorized to determine the specific visiting hours, including visits on weekends, public holidays, and Tet holidays, in accordance with the working schedule of the facility.

Previously, persons held in temporary detention were permitted to meet with their relatives only once per month and only during working hours, with no explicit provision allowing visits on public holidays or Tet holidays. The new Circular addresses this limitation and provides more favorable conditions for maintaining family contact.

Furthermore, Circular No. 57/2026/TT-BCA maintains the existing visitation frequency, whereby a person held in temporary custody may receive one visit during the custody period and one additional visit for each extension thereof, while a person held in temporary detention may receive one visit per month. A significant new development, however, is the introduction of specific provisions governing the number of visitors. As a general rule, each visit may be attended by no more than three (03) relatives. Where deemed necessary, the head of the detention facility may authorize an increase in the number of visitors to a maximum of five (05) relatives.

III. Cases where detention facilities may refuse visitation requests

• Failure to present the required documents in accordance with the applicable regulations;
• In emergency circumstances where such refusal is necessary to ensure the safety and security of the detention facility or to organize the apprehension of a person held in temporary custody or temporary detention who has escaped;
• Where an infectious disease outbreak occurs in the area where the detention facility is located, or during a period in which disease prevention and control measures are being implemented pursuant to the directives of a competent authority.
• Where the person held in temporary custody or temporary detention is receiving emergency medical treatment or is suffering from a Group A infectious disease;
• Where the person held in temporary custody or temporary detention is being interviewed, interrogated, or is otherwise participating in other procedural activities;
• Where the person held in temporary custody or temporary detention does not consent to the visit. In such case, the visitor may meet directly with the person held in temporary custody or temporary detention to verify his or her refusal to receive the visit;
• Where the visitor has intentionally violated the internal rules of the detention facility or the detention management regime on two (02) or more occasions;
• Where the person held in temporary custody or temporary detention is currently subject to disciplinary measures in accordance with Clause 3, Article 23 of the Law.

IV. Conclusion

Circular No. 57/2026/TT-BCA provides a number of detailed provisions designed to facilitate visitation between persons held in temporary custody or temporary detention and their relatives. A key development is that, effective from 1 July 2026, visits may be conducted on weekends, public holidays, and Tet holidays upon the decision of the head of the detention facility. This amendment is intended to enhance the protection of visitation rights and support the maintenance of family relationships for persons held in temporary custody or temporary detention. However, visitation remains subject to compliance with the applicable detention management regime and relevant legal requirements. In addition, detention facilities may refuse visitation requests in certain prescribed circumstances to ensure security and safety, or where necessary to support the conduct of criminal proceedings and other procedural activities in accordance with law.

V. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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