Is it possible to leave the specified place of residence when there are residential confinement orders in Vietnam?

What are cases of leaving the specified place of residence when there are residential confinement orders in Vietnam?

Pursuant to Clause 5, Article 123 of the Criminal Procedure Code 2015 has the following provisions:

5. The individuals issuing residential confinement orders must inform local authorities in the commune, ward or town where suspects or defendants reside, or military units that manage them of the enforcement of the measure. Moreover, suspects and defendants shall be transferred to such local authorities or military units to oversee and supervise them.

If suspects and defendants ought to temporarily leave the specified place of residence due to force majeure or objective obstacles, they must obtain permission from local authorities in the commune, ward and town where they reside, or military units that manage them. Permission must also be granted by individuals issuing residential confinement orders.

Thus, according to the above provisions in Vietnam, a person who is prohibited from leaving his/her specified place of residence if there is a force majeure or objective obstacle may obtain permission from the commune, ward or township administration where he/she resides or the military unit that manage them. If the above agencies agree to allow this person to temporarily leave the specified place of residence, they will grant this person a permit to temporarily leave the place of residence.

What are obligations of persons confined to a specific place of residence in Vietnam?

Pursuant to Clause 2 of Article 123 of the Criminal Procedure Code 2015, residential confinement:

2. Suspects and defendants confined to a specific place of residence must guarantee their execution of these duties in writing:

a) Not to be absent from the specified place of resident without the permission by the authority issuing residential confinement orders;

b) Be present as per a subpoena, unless force majeure or objective obstacles occur;

b) Not to abscond or continue criminal acts;

d) Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.

Best Regards!