Will entering another person's home without permission be considered home infringement? Is this act administratively penalized or examined for penal liability?
How does the current law stipulate the inviolability of his or her home?
Pursuant to Article 22 of the 2013 Constitution of Vietnam stipulating the inviolability of his or her home as follows:
- Every citizen has the right to a legal residence.
- Everyone has the right to inviolability of his or her home. No one may enter the home of another person without his or her consent.
- The search of homes shall be prescribed by a law.
Thus, a place of residence is a house, vehicle or other house that a citizen uses to reside, accommodation under the ownership of citizens or leased, lent or allowed by agencies, organizations or individuals according to the provisions of law. Citizens have the right to a lawful place of residence, everyone has the right to inviolability of his or her home, and no one is allowed to enter another's home without his consent.
Home infringement
Administrative penalties for acts of illegally infringing on other people's home
Pursuant to Clause 5, Article 12 of Decree 144/2021/ND-CP of Vietnam stipulating administrative penalties for acts of illegally infringing on other people's home as follows:
“5. A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:
a) Taking advantage of the business line subject to security and order conditions to commit acts that are contrary to fine traditions and ethics;
b) Receiving collateral that is obtained by theft, fraud, appropriation or crime but not liable to criminal prosecution;
c) Providing security services using violence or threat to use violence for the purpose of threatening, obstructing normal operation of an organization or individual, or infringe upon lawful rights and interests of an organization or individual;
d) Using violence, threatening to use violence or using other illegal methods to collect debts;
dd) Forging the certificate of security and order or certificate of security guard training;
e) Using a forged certificate of security and order or certificate of security guard training.”
Pursuant to Clause 2, Article 15 of Decree 144/2021/ND-CP of Vietnam stipulating as follows:
“2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
a) Destroying or deliberately damaging property of organizations or individuals, except for violations mentioned in Point b Clause 3 Article 21 of this Decree;”.
b) Using deception or creating circumstances to force another person into giving money or property;
c) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;
d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;
dd) Using, buying, selling, mortgaging, illegally pledging or impounding property of another person;
e) Extorting property without bringing criminal prosecution.”
Currently, there are no regulations on administrative penalties for violations of other people's homes. However, according to point c, clause 5, Article 12 of Decree 144/2021/ND-CP, an individual's legitimate rights and interests may include the right to inviolability of his or her home. If violated, a fine of from VND 20,000,000 to VND 40,000,000 will be imposed.
And also according to point e, clause 2, Article 15 of Decree 144/2021/ND-CP of Vietnam, in case the property is a house or a residence, anyone who commits acts of property appropriation but is not prosecuted for penal liability will be imposed a fine ranging from VND 3,000,000 to VND 5,000,000.
Prosecute for criminal liability in case of home infringement
According to Article 158 of the 2015 Criminal Code of Vietnam as amended by Clause 31, Article 1 of the 2017 Law on amendments to the Criminal Code of Vietnam stipulating home infringement as follows:
- A person who commits any of the following acts shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:
+ Illegally searching another person's home;
+ Illegally evict a person from his/her home;
+ Illegally occupying a home or obstructing its lawful residents or managers from entering their home;
+ Invading a person’s home.
- This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:
+ The offence is committed by an organized group;
+ The offence involves abuse of the offender's her position or power;
+ The offence has been committed more than once;
+ The offence results in the suicide of the victim;
+ The offence has a negative impact on social safety, order and security.
- The offender might be forbidden from holding certain positions for 01 - 05 years.
Thus, home infringement is construed as one of the following acts: Illegally searching another person's home; Illegally evict a person from his/her home; Illegally occupying a home or obstructing its lawful residents or managers from entering their home; Invading a person’s home without the consent of the landlord or legal manager.
Those who commit one of the above acts shall be sentenced to non-custodial reform for up to two years or a prison term of between three months and two years. In case of organized crime; abusing positions and powers; commit the crime twice or more; causing the person to commit suicide; causing adverse effects on social security, order and safety, the offenders shall be sentenced to one to five years of imprisonment. In addition, offenders may also be banned from holding certain posts for 1 to 5 years.
Thus, with the above provisions, entering another person's home without consent or without being invited is an act of infringing upon another's home.
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