Is it allowed to arbitrarily detain people in Vietnam?

Is it allowed to arbitrarily detain people in Vietnam?

Article 10 of the 2015 Criminal Procedure Code stipulates sustainment of bodily integrity, specifically as follows:

Every person is entitled to inviolability of the physical body. No person is arrested without a Court’s warrant or Procuracy's decision or approval, except for acts in flagrante.

Emergency custody, arrest, temporary detainment or detention must abide by this Law. Torture, extortion of deposition, corporal punishment or any treatments violating a person’s body, life and health are inhibited.

Therefore, only the Court, the Procuracy have right to decide on the arrest, detention of a person except in cases of flagrant crimes. In your case, arresting and detaining the wife of the person who borrowed money at your house is a violation of the law in Vietnam.

Is it allowed to arbitrarily detain people in Vietnam? (Image from the Internet)

Is there criminal prosecution for illegal detention of people in Vietnam?

According to Article 157 of the 2015 Criminal Code as amended by Article 30 of the 2017 Law amending the Criminal Code regarding illegal arrest, detention or imprisonment of a person:

1. Any person who arrests, detains, or imprisons another person against the law, except in the circumstances specified in Article 153 and Article 377 hereof, shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position or power to commit the offence;

c) The offence is committed against a law enforcement officer in performance of his/her official duties;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) The offence is committed against a person under 18, a women whose pregnancy is known by the offender, an elderly, sick, or defenseless person.

g) The offence results in extreme financial hardship of the victim or his/her family;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%.

3. This offence committed in any of the following circumstances shall carry a penalty of 05 - 12 years' imprisonment:

a) The offence results in the victim's death or suicide;

b) The victim is tortured or treated in a brutal and inhuman way, or the victim's dignity is destroyed;

c) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%.

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

Therefore, the act of arbitrarily arresting and detaining others in Vietnam may be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years, and may also be prohibited from holding certain positions from 01 to 05 years.

Best regards!