Can a person under temporary detention authorize another person to sell property in Vietnam?

Can a person under temporary detention authorize another person to sell property in Vietnam?

Pursuant to Article 9 of the Law on temporary detention or custody in 2015 stipulating 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.

Pursuant to Article 44 of the Law on Notarization in 2014 stipulating notarization places as follows:

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.

With the above regulations, your husband can be authorized if he does not fall under the restricted cases and the notarization can be carried out outside the headquarters of the notary practice organization.

Can a person under temporary detention authorize another person to sell property in Vietnam? - Source: Internet

Can a detention facility be allowed to take pictures of people under temporary detention in Vietnam?

Pursuant to Article 16 of the Law on temporary detention or custody in 2015 stipulating receiving the persons held in temporary detention or custody as follows:

When receiving the persons held in temporary detention or custody, the detention and custody centers must:

1. Check the information to identify the correct persons held in temporary detention or custody by the order and decision of the competent persons;

2. Make record of handover and receipt of persons held in temporary detention or custody and accompanying documents and dossiers; conduct health checkup, body check of persons held in temporary detention or custody and accompanying children under 36 months of age (if any). The body check shall be done by male officers if the persons held in temporary detention or custody are male and vice versa.

3. Take photos, prepare personal information form and fingerprint information form and record in the monitoring book.

4. Disseminate, provide instructions and give explaination about the rights and obligations of the persons held in temporary detention and the rules of detention and custody facility; check and handle the accompanying objects before entering the detention cells and custody cells.

Therefore, when receiving a person under temporary detention, the detention facility may be allowed to take a picture of the person under temporary detention. In addition, it is also allowed to carry out the above acts.

Best regards!