The authority to issue search warrants in criminal proceedings in Vietnam

The authority to issue search warrants in criminal proceedings in Vietnam (Internet image)

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

1. The authority to issue search warrants in criminal proceedings in Vietnam

The authority to issue search warrants in criminal proceedings in Vietnam according to Article 193 of the Criminal Procedure Code 2015 is as follows:

- Competent individuals as defined in Section 1, Article 113 of the Criminal Procedure Code 2015 are entitled to issue search warrants. Search warrants issued by individuals as defined in Section 2, Article 35 and Point a, Section 1, Article 113 of the Criminal Procedure Code 2015 must be approved by The procuracy prior to the enforcement of such warrants.

- In emergency events, competent individuals as defined in Section 2, Article 110 of the Criminal Procedure Code 2015 shall be entitled to issue search warrants. Individuals issuing search warrants, in 24 hours upon the completion of the search, must send written notices to the equivalent Procuracy or The procuracy empowered to exercise prosecutors; rights and administer cases and lawsuits.

- Investigators, before conducting the search, must inform the equivalent Procuracy of the time and location of the search to have procurators assigned to administer the search, except for emergency circumstances. Procurators must be present to administer the search. The procurators' absence shall be clearly described in the written record of the search.

- All cases of search shall be executed in writing according to Article 178 of the Criminal Procedure Code 2015 and entered into case files.

2. Regulations on search of body in criminal proceedings in Vietnam

Regulations on search of body in criminal proceedings according to Article 194 of the Criminal Procedure Code 2015 are as follows:

- Enforcers of a search warrant, before searching body, must read out the warrant and let the searched person read it. The searched person and attendees in the search shall hear explanations of their rights and duties.

Searchers must request the searched persons to present documents and items related to the case. If they refuse or present insufficient items and documents related to the case, the search shall occur.

- The search of a person's body shall be carried out by a person of same gender and witnessed by other individuals of same gender. The search process shall not affect the life, health, property, honor and dignity of the person searched.

- Body search shall be permissible without a warrant in case of an arrest or in the presence of justifications asserting that the person present at the location of the search is concealing weapons, evidences, documents and items in connection with the case.

3. Regulations on search of residence, workplace, area and vehicle in criminal proceedings

Regulations on search of residence, workplace, area and vehicle in criminal proceedings according to Article 195 of the Criminal Procedure Code 2015 are as follows:

- Search of residence requires the presence of the suspect or a co-resident person from 18 years of age, representatives of local authorities at communal of the commune, ward or town (at communal or lower level).

If the suspect or the co-resident person is intentionally absent, absconds or fails to appear for any reasons, the search of residence, if not deferrable, shall be conducted in the presence of the representatives of local authorities at communal or lower level and two witnesses.

Search of residence shall not commence at night, except for emergency circumstances that must be specified in writing.

- The person, when his residence is searched, must be present. Despite the absence of such person, the search of residence, if not deferrable, shall occur and be reduced to writing.

Search of workplace requires the presence of the representative of the organization employing the suspect. If the said representative of the employer is absent, the search shall occur in the presence of the representatives of local authorities at communal or lower level and 02 witnesses.

- Search of an area requires the presence of the representatives of local authorities and witnesses.

- Search of a vehicle requires the presence of the owner or manager of such vehicle or witnesses. If the owner or manager of the vehicle is absent, absconds or fails to appear for any reasons, the search, if not deferrable, shall occur in the presence of two witnesses.

A relevant specialist may be summoned to participate in the search of a vehicle.

- The persons attending a search of residence, workplace, area or vehicle shall not be left to the discretion of leaving the place searched, contacting or interacting with each other or other individuals until the completion of the search.

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