Are Public Security in Vietnam allowed to organize search of residence at night?

Are Public Security in Vietnam allowed to organize search of residence at night?

Pursuant to Article 195 of the Criminal Procedure Code in 2015 stipulating search of residence, workplace, area and vehicle 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.

2. The person, when his residence is searched, must be present. Despite the absence of such person, the search of residence, if not deferrable, shall occur and be reduced to writing.

Search of workplace requires the presence of the representative of the organization employing the suspect. If the said representative of the employer is absent, the search shall occur in the presence of the representatives of local authorities at communal or lower level and 02 witnesses.

3. Search of an area requires the presence of the representatives of local authorities and witnesses.

4. Search of a vehicle requires the presence of the owner or manager of such vehicle or witnesses. If the owner or manager of the vehicle is absent, absconds or fails to appear for any reasons, the search, if not deferrable, shall occur in the presence of two witnesses.

A relevant specialist may be summoned to participate in the search of a vehicle.

5. The persons attending a search of residence, workplace, area or vehicle shall not be left to the discretion of leaving the place searched, contacting or interacting with each other or other individuals until the completion of the search.

As regulations above, in cases of emergency, the Public Security have the right to search your home at night, and they will record this in the search report. Therefore, the search of your home at night is legal if it is in an emergency.

Is it possible to search a residence without the presence of a prosecutor in Vietnam?

Pursuant to Article 193 of the Criminal Procedure Code in 2015 stipulating the authority to issue search warrants as follows:

1. Competent individuals as defined in Section 1, Article 113 of this Law are entitled to issue search warrants. Search warrants issued by individuals as defined in Section 2, Article 35 and Point a, Section 1, Article 113 of this Law must be approved by The procuracy prior to the enforcement of such warrants.

2. In emergency events, competent individuals as defined in Section 2, Article 110 of this Law shall be entitled to issue search warrants. Individuals issuing search warrants, in 24 hours upon the completion of the search, must send written notices to the equivalent Procuracy or The procuracy empowered to exercise prosecutors; rights and administer cases and lawsuits.

3. Investigators, before conducting the search, must inform the equivalent Procuracy of the time and location of the search to have procurators assigned to administer the search, except for emergency circumstances. Procurators must be present to administer the search. The procurators' absence shall be clearly described in the written record of the search.

4. All cases of search shall be executed in writing according to Article 178 of this Law and entered into case files.

As regulations above, procurators must be present to administer the search. The procurators' absence shall be clearly described in the written record of the search.

What are regulations on seizure of property after a search of residence in Vietnam?

Pursuant to Article 198 of the Criminal Procedure Code in 2015 stipulating impoundment of documents and items during a search as follows:

1. Investigators, when conducting a search, shall be permitted to impound items deemed as evidences and documents in direct connection with the case. Items prohibited from storage or circulation shall be seized and transferred to competent authorities in prompt manner. If sealing is necessary, items shall be sealed in the presence of the owner, manager, witnesses, family members as representatives, and representatives of local authorities at communal or lower level.

2. The impoundment of items and documents during a search shall be executed in writing as per Article 133 of this Law. A written record of impounds shall be made into four originals. One is given to the owner or manager of the items or documents. One is stored in the case file. One is submitted to the equivalent Procuracy. One is delivered to the authority managing items and documents impounded.

Above are regulations on seizure of property after a search of residence in Vietnam.

Best regards!