Are Public Security in Vietnam allowed to search citizens' residence for crime investigation in Vietnam?

Are Public Security in Vietnam allowed to search citizens' residence for crime investigation in Vietnam?

Pursuant to Article 192 of the Criminal Procedure Code in 2015 stipulating 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.

2. If there are justifications showing the existence of criminal instruments, documents, items and property related to the case in mails, telegraphs, postal packages and electronic data, such items and data shall be searched.

Therefore, the Public Security are allowed to organize a search of a citizen's home if there is reason to believe that the home contains tools, instruments of crime, documents, objects, property obtained from crime, or objects, electronic data, or other documents related to the investigation of a case.

What criminal responsibilities shall the Public Security officers in Vietnam be liable to for illegal search of residence?

Pursuant to Article 158 of the Criminal Code in 2015 (amended by Clause 31 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating home infringement as follows:

1. 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:

a) Illegally searching another person's home;

b) Illegally evict a person from his/her home;

c) Illegally occupying a home or obstructing its lawful residents or managers from entering their home;

d) Invading a person’s home.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender's her position or power;

c) The offence has been committed more than once;

d) The offence results in the suicide of the victim;

dd) The offence has a negative impact on social safety, order and security.

3. The offender might be forbidden from holding certain positions for 01 - 05 years.

Therefore, if a Public Security officer conduct a search of a home without the order of a competent authority, that officer may be sentenced up to 02 years' community sentence or 03 - 24 months' imprisonment.

However, depending on the violation and the consequences caused, the officer may be sentenced up to 02 years' community sentence or 03 - 60 months' imprisonment, and may also be banned from holding certain positions for 1 to 5 years.

Who shall issue search warrants 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.

Above are regulations on sujects, who have the authority to issue search warrants.

Best regards!