When shall citizens be subject to body searches, searches of objects, and searches of vehicles according to administrative procedures in Vietnam? - Tu Trinh (Vinh Phuc, Vietnam)
Article table of contents
Regulations on body search, search of objects and vehicles according to administrative procedures in Vietnam (Internet image)
1. The body search according to administrative procedures in Vietnam
According to Article 127 of the Law on Handling Administrative Violations 2012, the body search according to administrative procedures is stipulated as follows:
- The body search according to administrative procedures may be implemented only when having grounds for presuming that the person hiding objects, documents, means used in order to commit acts of administrative violation in his/her body.
- The persons specified in clause 1, Article 123 of the Law on Handling Administrative Violations 2012 have right to decide the body search according to administrative procedures.
In case there are grounds in order to assume that if not immediately perform search, objects, documents, means used in order to commit administrative violations shall be dispersed, destroyed, beside of persons specified in clause 1, Article 123 of the Law on Handling Administrative Violations 2012, people’s police officers, members of the CoastGuard operation teams, Border Guard combatants, ranger officers, customs officials, market controllers, who are on official duty, may implement the body search according to administrative procedures and immediately report in writing to their heads who are one of persons specified in clause 1, Article 123 of this Law and must take responsibilities before law for the body search.
- The body search must be decided in writing, unless it needs to immidiately search as prescribed ai paragraph 2, clause 2 of Article 127 of the Law on Handling Administrative Violations 2012.
- Before implement the body search, the searching persons must notify of decision to the searched person. When implement the body search, men shall search men and women search women, and the search must be witnessed by persons of the same sex.
- All cases of body search must be recorded in writing. The body search decisions and records must be handed over to the searched persons, one copy each.
2. Searching transport means and objects according to administrative procedures in Vietnam
Article 128 of the Law on Handling Administrative Violations 2012 (amended in 2020) stipulates the searching transport means and objects according to administrative procedures as follows:
- Searching transport means and objects according to administrative procedures
- The search of transport means and objects according to administrative procedures shall be carried out only when there are grounds to believe that hidden in those transport means and/or objects are material evidences of administrative violations.
- Persons defined in clause 1 Article 123 of Law on Handling Administrative Violations 2012 have rights to carry out the search of transport means and objects according to administrative procedures.
- In case there are grounds in order to believe that if not immediately perform search, material evidences of administrative violations shall be dispersed, destroyed, beside of persons specified in clause 2 of Article 128 of the Law on Handling Administrative Violations 2012, people’s police officers, members of the CoastGuard operation teams, Border Guard combatants, ranger officers, tax officials, market controllers, or inspectors, who are on official duty, may search transport means and objects according to administrative procedures and immediately report to their heads and must take responsibilities for the search.
- The search of transport means and objects must be decided in writing, unless cases specified in clause 3 of Article 128 of the Law on Handling Administrative Violations 2012.
The search of transport means and/or objects must be carried out in the presence of the transport means and/or object owners or the transport means operators and a witness; where the transport means and/or object owners or the transport means operators are absent, there must be two witnesses.
- All cases of search of transport means and/or objects must be recorded in writing. The search decision and record must be handed to transport means and/or objects owners or the transport means operators, one copy each.
3. Search of places where material evidences and/or means of administrative violations are hidden in Vietnam
The search of places where material evidences and/or means of administrative violations are hidden is specified in Article 129 of the Law on Handling Administrative Violations 2012 (amended in 2020), specifically:
- The Search of places where material evidences and/or means of administrative violations are hidden shall be carried out only when there are grounds to believe that hidden material evidences and/or means of administrative violations.
- The persons specified in clause 1, Article 123 of Law on Handling Administrative Violations 2012 have right to decide search of places where material evidences and/or means of administrative violations are hidden; where such places are dwelling places, proposing the district-level People’s Committee presidents for consideration and decision.
- The search of places where material evidences and/or means of administrative violations are hidden must be conducted in the presence of the owners of such places or major members of their families and the witnesses. Where the place owners or major members of their families are absent while the search cannot be postponed, there must be the representative of the local administration and two witnesses.
- The search of places where material evidences and/or means of administrative violations are hidden must not be conducted at night, except for emergency cases, or the search is being conducted and having not yet finished but the reasons therefor must be clearly stated in the records thereof.
- All cases of search of places where material evidences and/or means of administrative violations are hidden must be affected under written decisions and must be recorded in writing. Such decisions and records on the search of places where material evidences and/or means of administrative violations are hidden must be handed to the place owners, one copy each.
Nhu Mai
