Sequence and Procedures for Unsealing Physical Evidence

The unsealing of evidence must be carried out according to the following steps and procedures:

Stage 1: Preparation for unsealing the evidence

- The person presiding over the organization of unsealing evidence invites and summons the participants to be present at the designated time and place for the unsealing of evidence.- Prepare the necessary conditions for unsealing evidence: Conduct the procedures for taking evidence out of storage (for evidence managed in the storage room) or notify the relevant agencies, organizations, or individuals who are currently holding and preserving the evidence.

Stage 2: Conducting the unsealing of evidence

- Inspect the seal on the evidence before unsealing;- Remove the sealing paper and open the packaging or closed container of the evidence for evidence that is packaged or sealed;- Remove the sealing paper for evidence that is not packaged or sealed;- Inspect the evidence after unsealing.

Stage 3: Concluding the unsealing process

- Upon conclusion of the unsealing process, a record must be created; the record must accurately describe the condition of the seal before unsealing, the actual state of the evidence after unsealing, and contain the full signatures, full names, or fingerprints (with a note of the name of the person fingerprinted) of the organizer and participants of the unsealing process in accordance with the law and the provisions of Decree 127.- The record is prepared by the person organizing the unsealing of evidence, placed into the case file, and one copy is given to the individual, agency, or organization having rights, obligations, and responsibilities related to the sealed evidence.

For more information, see Decree 127/2017/ND-CP, which came into effect on January 01, 2018.

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