Latest procedures for unsealing evidence in Vietnam

Latest procedures for unsealing evidence in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. Latest procedures for unsealing evidence in Vietnam 

The latest procedures for unsealing evidence in Vietnam according to Decree 127/2017/ND-CP are as follows:

* Preparation of unsealing evidence

- The person in charge shall organize the unsealing of evidence by inviting and summoning participants to be present at the designated time and location for sealing the evidence.

In cases where the related person; representatives of agencies, organizations with rights, obligations, and responsibilities related to the unsealing of evidence—is incapacitated according to the law or has died, the person in charge of unsealing the evidence shall invite their relatives or legal representatives to participate in the sealing.

In cases where the person with rights, obligations, and responsibilities related to the sealed evidence is a suspect or defendant in custody, the person in charge of unsealing the evidence invites their relatives, defense counsel (if any), or representatives of the local authorities where the evidence is unsealed to witness the sealing.

- Preparing necessary conditions for unsealing evidence: carry out procedures for removing evidence from storage (for evidence managed in a storage facility) or notify relevant agencies, organizations, or individuals currently holding or preserving the evidence.

* Unsealing of evidence

- Check the unsealing of the evidence before opening the seal;

- Remove the unsealing paper and open the packaging or seal the evidence if it was previously packaged or sealed;

Remove the unsealing paper for evidence that was not packaged or sealed;

- Check the evidence after unsealing

* Completion of unsealing

When completing the unsealing, a record must be made; the record must accurately describe the condition of the seal before opening, the actual condition of the evidence after opening the seal, and include the full signature, name, or identification point (with a note of the name of the person identifying) of the person in charge, participants in the unsealing of evidence according to the provisions of the law and Decree 127/2017/ND-CP.

The record is made by the person in charge of unsealing the evidence, included in the case file, and one copy is given to the person, agency, or organization with rights, obligations, and responsibilities related to the sealed evidence.

In case the seal inspection is no longer intact, a record must be made regarding the condition of the seal of the evidence, the actual condition of the evidence for investigation, clarification of the cause, and handling according to the relevant laws.

In cases where the related person (if any); representatives of agencies, organizations with rights, obligations, and responsibilities related to the sealed evidence, and defense counsel do not sign the record of opening the seal of evidence, the person in charge of opening the seal of evidence makes a record stating the reason in the presence of representatives of the local authorities where the evidence is sealed.

In cases where the related person (or their relatives or legal representatives), representatives of agencies or organizations with rights, obligations, and responsibilities related to the sealed evidence, and defense counsel are not present or do not attend without legitimate reasons as requested by the competent authority, the person or organization responsible for sealing the evidence must make a record stating the reason and request the participants in the opening of the seal to sign the record.

In cases where the unsealing is reopened for investigative, prosecutorial, trial, or enforcement purposes, the team responsible for resealing includes: persons in charge, participants in the unsealing; the person or representative of the agency entrusted with managing the evidence; and witnesses (representatives of local authorities, prosecutors, or defense counsel of the suspect or defendant) if deemed necessary.

2. Evidence requiring unsealing and evidence not requiring sealing in Vietnam

According to Article 5 of Decree 127/2017/ND-CP, all evidence collected must be sealed, except for the following cases:

- Evidence consisting of live animals or plants.

- Evidence that is included in the case file.

- Evidence that is perishable or difficult to preserve.

- Other evidence that the competent authority for litigation proceedings considers unnecessary to seal.

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