07/10/2022 10:01

Can a person held in custody or temporary detention perform property transactions in Vietnam?

Can a person held in custody or temporary detention perform property transactions in Vietnam?

Temporary custody and temporary detention are measures to isolate the suspect or defendants from society for a certain period of time in accordance with the Criminal Procedure Code. Therefore, in the case of being held in custody or temporary detention, can the suspect or defendants participate in civil transactions of buying and selling property in Vietnam?

Article 9 of the Law on temporary detention or custody 2015 of Vietnam stipulates the rights and obligations of persons held in temporary detention or custody as follows:

"1. The persons held in temporary detention or custody have the following rights:

a) Their life, body and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;

b) They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies and referendum rights in accordance with the Law on referendum.

c) Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;

d) They can meet their relatives, advocate or make consular contact;

dd) Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;

e) Meet with legal representative to carry out civil transactions;

g) Require to be released upon the end of temporary detention or custody period.

h) Make complaint, denunciation of acts of law violation;

i) Receive compensation in accordance with the provisions of Law on compensation liability of the State in case of illegal detention or custody;

k) Be entitled to other rights of citizens if not being restricted by this Law or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.

2. The persons held in temporary detention or custody have the following obligations:

a) Comply with decisions, requirements and instructions of the body and person having the authority to manage and exercise the temporary detention or custody.

b) Comply with the rules of detention center, the provisions of this Law and other relevant laws."

Thus, the law does not limit the right to participate in civil transactions for people in temporary detention or custody. Persons being held in temporary detention or custody may directly participate in asset purchase and sale transactions or authorize another person to purchase and sell assets.

Regarding the issue of notarization of sales contracts or authorization contracts, the Law on Notarization 2014 stipulates:

"Article 44. Notarization places

1. Except the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.

2. Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence or has another plausible reason for being unable to come to the head office of the notarial practice organization."

According to the above provisions, except for the cases where the rights are restricted according to Point k, Clause 1, Article 9 of the  Law on temporary detention or custody 2015, persons in temporary detention or custody are allowed to meet with a notary to notarize the contract where they are being held or detained. The order and procedures for notarization are prescribed in the Law on Notarization 2014.


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