Do the police carry out inspections of temporary shelters and search of residences in Vietnam?

Do the police carry out inspections of temporary shelters and search of residences in Vietnam?

Pursuant to Article 25 of Circular 55/2021/TT-BCA stipulating the residence inspection as follows:

1. Residence inspections shall be performed on a periodic and ad hoc basis and for the purposes of crime prevention and security and public order protection.

2. Entities and locations subject to residence inspection shall be citizens, households, dormitories, student housing, worker housing, houses where people rent, borrow or stay without rent of organizations and individuals, folk religious establishments, religious establishments, social support facilities, healthcare establishments, tourist accommodations and other types of lodgings; registration authorities at all levels; and regulatory bodies and organizations involved in residence management.

3. Inspection contents include performance of tasks concerning residence registration and management, collection, update and use of residence information in the residence database; exercising of rights and fulfillment of responsibilities of citizens, households, regulatory bodies and organizations; and other tasks according to residence law.

4. Residence registration and management authorities shall inspect compliance with residence law of relevant organizations, regulatory bodies, households and citizens. They may mobilize persons in charge of security in facilities, regulatory bodies, enterprises and organizations for this task. Superior authorities must cooperate with subordinate registration authorities in inspection.

Pursuant to Article 22 of the 2013 Constitution, it is stipulated that citizens have the inviolable right to housing, specifically as follows:

1. Every citizen has the right to a legal residence.

2. 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.

3. The search of homes shall be prescribed by a law.

According to the provisions of Article 129 of the Law on Handling of Administrative Violations 2012, amended by Point i, Clause 73, Article 1 of the Law on Handling of Administrative Violations, Amended 2020 regulates search of places where material evidences and/or means of administrative violations are hidden as follows:

1. The Search of places where material evidences and/or means of administrative violations are hidden shall be carried out only when there are grounds to believe that hidden material evidences and/or means of administrative violations.

2. The persons specified in clause 1, Article 123 of this Law have right to decide search of places where material evidences and/or means of administrative violations are hidden; where such places are dwelling places, proposing the district-level People’s Committee presidents for consideration and decision.

3. The search of places where material evidences and/or means of administrative violations are hidden must be conducted in the presence of the owners of such places or major members of their families and the witnesses. Where the place owners or major members of their families are absent while the search cannot be postponed, there must be the representative of the local administration and at least 01 witness.

4. The search of places where material evidences and/or means of administrative violations are hidden must not be conducted at night, except for emergency cases, or the search is being conducted and having not yet finished but the reasons therefor must be clearly stated in the records thereof.

5. All cases of search of places where material evidences and/or means of administrative violations are hidden must be affected under written decisions and must be recorded in writing. Such decisions and records on the search of places where material evidences and/or means of administrative violations are hidden must be handed to the place owners, one copy each.

According to the provisions of Clause 1, Article 192 of the Criminal Procedure Code 2015, justifications for search of body, residence, workplace, area, vehicle, document, item, mail, telegraphy, postal package and electronic data as follows:

1. Search of body, residence, workplace, area, vehicle shall only be permissible in the presence of justifications showing the existence of criminal instruments, documents, items, property obtained by crime or other objects, electronic data, documents related to the case on the body or in the residence, workplace, site and vehicle.

Search of residence, workplace, area and vehicle shall be conducted to seek wanted persons or search and rescue crime victims.

According to this Article, residence inspections are conducted periodically, unexpectedly or due to requirements to prevent and fight crime, ensure security and order, but searches of citizens' residences can only be searched within 2 cases as above in Vietnam. Thus, the police can carry out temporary inspections and then search people's residences in some cases such as crime prevention and control, having a basis to identify the residence, workplace, and location, vehicles with tools, means of crime,...

Are the police allowed to search accommodation at night in Vietnam? 

Pursuant to Clause 1, Article 195 of the Criminal Procedure Code 2015, regulations on search of residence, workplace, area and vehicle are as follows:

1. Search of residence requires the presence of the suspect or a co-resident person from 18 years of age, representatives of local authorities at communal of the commune, ward or town (at communal or lower level). If the suspect or the co-resident person is intentionally absent, absconds or fails to appear for any reasons, the search of residence, if not deferrable, shall be conducted in the presence of the representatives of local authorities at communal or lower level and two witnesses.

Search of residence shall not commence at night, except for emergency circumstances that must be specified in writing.

Thus, the police are only allowed to search the residence in one of the above cases, not at night, except in urgent cases in Vietnam.

Best regards!