Law on Ensuring Freedom of the Person and Inviolability of Dwellings, Property, and Correspondence of Citizens No. 103-SL/L005

LAW NUMBER 103/SL-L-005 OF MAY 20, 1957

GUARANTEEING THE RIGHT TO FREEDOM OF PERSON AND THE RIGHT

TO BE FREE FROM UNLAWFUL INVASION OF DWELLINGS, EFFECTS,

AND CORRESPONDENCE

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

ENACTED

NOW, WE ISSUE THE LAW REGULATING THE RIGHT TO FREEDOM OF PERSON AND THE RIGHT TO BE FREE FROM UNLAWFUL INVASION OF DWELLINGS, EFFECTS, AND CORRESPONDENCE OF CITIZENS AS APPROVED BY THE NATIONAL ASSEMBLY AT ITS SIXTH SESSION AS FOLLOWS:

LAW

GUARANTEEING THE RIGHT TO FREEDOM OF PERSON AND THE RIGHT TO BE FREE FROM UNLAWFUL INVASION OF

DWELLINGS, EFFECTS, AND CORRESPONDENCE OF CITIZENS

PART I

PRINCIPLES

Article 1.

The right to freedom of person and the right to be free from unlawful invasion of dwellings, effects, and correspondence of citizens shall be respected and guaranteed. No one may infringe upon these rights.

Article 2.

MATTERS CONCERNING THE ARREST, DETENTION, SEARCH OF PERSONS, DWELLINGS, EFFECTS, AND CORRESPONDENCE MUST BE CONDUCTED IN ACCORDANCE WITH THE PROCEDURES SET FORTH HEREINAFTER:

PART II

MATTERS CONCERNING THE ARREST OF PERSONS WHO VIOLATE THE LAW

Article 3.

EXCEPT FOR THE CASES OF CRIMES COMMITTED IN THE PRESENCE OF WITNESSES AND EMERGENCY SITUATIONS AS STATED IN ARTICLE 4, THE ARREST OF PERSONS WHO VIOLATE THE LAW MUST BE BASED ON A WRITTEN ORDER ISSUED BY A JUDICIAL ORGAN AT THE PROVINCE LEVEL OR HIGHER IF THE PERSON IS A CIVILIAN, OR BY THE MILITARY COURT IF THE PERSON IS A MEMBER OF THE ARMED FORCES OR A CIVILIAN INVOLVED IN A CASE RELATED TO THE ARMED FORCES.

Article 4.

IN CASES OF CRIMES COMMITTED IN THE PRESENCE OF WITNESSES, ANY PERSON HAS THE RIGHT TO MAKE AN ARREST AND MUST IMMEDIATELY BRING THE PERSON TO THE LOCAL ADMINISTRATIVE COMMISSION, PEOPLE'S COURT, OR POLICE STATION NEAREST TO THE LOCATION.

IN EMERGENCY SITUATIONS, THE POLICE MAY DETAIN THE PERSON BEFORE OBTAINING A WRITTEN ORDER FROM THE AUTHORITIES MENTIONED IN ARTICLE 3, AND MUST REPORT TO THESE AUTHORITIES.

CASES OF CRIMES COMMITTED IN THE PRESENCE OF WITNESSES AND EMERGENCY SITUATIONS ARE SPECIFIED BY LAW.

CHAPTER III

MATTERS CONCERNING TEMPORARY DETENTION, TEMPORARY IMPRISONMENT, AND RELEASE

Article 5.

A PERSON WHO VIOLATES THE LAW MUST BE BROUGHT TO A JUDICIAL ORGAN OR POLICE STATION AT THE DISTRICT LEVEL OR HIGHER WITHIN TWENTY-FOUR HOURS FROM THE TIME OF ARREST.

THE DISTRICT JUDICIAL ORGAN OR POLICE STATION MAY TEMPORARILY DETAIN THE SUSPECT FOR UP TO THREE DAYS FROM THE TIME OF RECEIVING THE SUSPECT TO INVESTIGATE AND INTERROGATE, THEN DECIDE TO RELEASE, TEMPORARILY RELEASE, OR TRANSFER TO A HIGHER COURT OR POLICE STATION.

Article 6.

JUDICIAL ORGAN OR POLICE STATION AT THE PROVINCE LEVEL OR HIGHER OR MILITARY COURT MUST INTERROGATE THE SUSPECT WITHIN THREE DAYS FROM THE TIME OF RECEIVING THE SUSPECT TO DECIDE WHETHER TO RELEASE, TEMPORARILY RELEASE, OR TEMPORARILY IMPRISON.

THE ORDER FOR TEMPORARY IMPRISONMENT OF THE SUSPECT MUST BE ISSUED BY A JUDICIAL ORGAN AT THE PROVINCE LEVEL OR HIGHER OR BY THE MILITARY COURT.

Article 7.

THE PERIOD OF TEMPORARY IMPRISONMENT SHALL NOT EXCEED:

- TWO MONTHS FOR ORDINARY CRIMES WHERE THE LEGAL PENALTY IS FIVE YEARS' IMPRISONMENT OR LESS.

- FOUR MONTHS FOR CRIMES ENDANGERING NATIONAL SECURITY AND ORDINARY CRIMES WHERE THE LEGAL PENALTY IS MORE THAN FIVE YEARS' IMPRISONMENT.

IF IT IS DEEMED NECESSARY FOR THE INVESTIGATION, THE AUTHORITY ISSUING THE ORDER FOR TEMPORARY IMPRISONMENT MAY EXTEND THE PERIOD ONE OR TWO TIMES. FOR COMPLEX CASES REQUIRING LONGER INVESTIGATION, APPROVAL FROM THE CENTRAL JUDICIAL AUTHORITY IS REQUIRED.

Article 8.

IF TEMPORARY IMPRISONMENT IS NO LONGER NECESSARY FOR THE INVESTIGATION, OR IF TEMPORARY RELEASE DOES NOT POSE A THREAT TO PUBLIC ORDER, THE JUDICIAL ORGAN OR MILITARY COURT THAT ISSUED THE ORDER FOR TEMPORARY IMPRISONMENT MAY ISSUE AN ORDER FOR TEMPORARY RELEASE THEMSELVES OR BASED ON A PETITION FROM THE SUSPECT.

FOR AGED, ILL, PREGNANT WOMEN, OR WOMEN BREASTFEEDING CHILDREN, TEMPORARY RELEASE MAY BE GRANTED, AND IF NECESSARY, THEY MAY BE SUPERVISED AT THEIR PLACE OF RESIDENCE.

PART IV

MATTERS CONCERNING THE SEARCH OF PERSONS, EFFECTS,

DWELLINGS, AND CORRESPONDENCE

Article 9.

EXCEPT FOR THE CASES STATED IN ARTICLES 10 AND 11, THE SEARCH OF PERSONS, EFFECTS, OR DWELLINGS, AND CORRESPONDENCE OF PRIVATE INDIVIDUALS MUST BE BASED ON A WRITTEN ORDER ISSUED BY A JUDICIAL ORGAN AT THE PROVINCE LEVEL OR HIGHER OR BY THE MILITARY COURT, DEPENDING ON THE NATURE OF THE CRIME.

Article 10.

IN CASES OF CRIMES COMMITTED IN THE PRESENCE OF WITNESSES, OR INVESTIGATING A CASE WHERE THE SUSPECT IS TEMPORARILY HELD, TEMPORARILY IMPRISONED, OR AUTHORIZED TO INVESTIGATE THE ENTIRE CRIME, JUDICIAL ORGAN, POLICE, AND MILITARY COURT MAY SEARCH THE PERSON, EFFECTS, DWELLINGS, AND CORRESPONDENCE OF THE CRIMINAL AND THOSE ASSOCIATED WITH THE CASE.

Article 11.

IN EMERGENCY SITUATIONS, OR WHEN THERE ARE SIGNS OF CRIME,

THE POLICE MAY SEARCH THE PERSON, EFFECTS, DWELLINGS, AND CORRESPONDENCE.

Article 12.

EXCEPT FOR THE CASES STATED IN ARTICLES 10 AND 11, THE PERSON EXECUTING THE SEARCH ORDER MUST BE ACCOMPANIED BY A LOCAL ADMINISTRATIVE COMMISSION MEMBER, THE OWNER OF THE DWELLING OR HIS REPRESENTATIVE, AND A NEIGHBOR. AFTER THE SEARCH, A SEARCH RECORD MUST BE PREPARED AND EVIDENCE COLLECTED.

Article 13.

THE INVESTIGATING ORGANIZATION MAY REQUIRE THE POST OFFICE TO HAND OVER LETTERS, TELEGRAMS, AND PARCEL MAIL OF THE CRIMINAL FOR REVIEW IF IT IS NECESSARY TO KEEP THEM.

CHAPTER V

GENERAL PROVISIONS

Article 14.

FOR PERSONS WHO ARE ARRESTED, TEMPORARILY HELD, OR TEMPORARILY IMPRISONED, TORTURE OR ANY FORM OF CRUEL TREATMENT IS ABSOLUTELY PROHIBITED.

Article 15.

WHILE CARRYING OUT THE ARREST, TEMPORARY HOLDING, TEMPORARY IMPRISONMENT, SEARCH OF PERSONS, EFFECTS, DWELLINGS, AND CORRESPONDENCE, IF THE CRIMINAL RESISTS OR TAKES ACTION TO EVADE THE LAW, APPROPRIATE MEASURES MAY BE USED TO MAKE THE CRIMINAL COMPLY WITH THE LAW.

Article 16.

PERSONS WHO ARREST, DETAIN, SEARCH PERSONS, EFFECTS, DWELLINGS, AND CORRESPONDENCE IN VIOLATION OF THIS LAW MAY BE SUBJECT TO DISCIPLINARY ACTION OR SENTENCED TO IMPRISONMENT FOR BETWEEN FIFTEEN DAYS AND THREE YEARS DEPENDING ON THE CASE.

IF TORTURE OR CRUEL TREATMENT IS COMMITTED, ADDITIONAL PENALTIES WILL BE IMPOSED UNDER THE GENERAL PENAL CODE.

Article 17.

TEMPORARY DETENTION OF FOREIGN CRIMINALS AND THE POWERS OF TAX OFFICERS, CUSTOMS OFFICERS, AND FORESTRY OFFICERS IN SEARCHING PERSONS, EFFECTS, AND DWELLINGS ARE NOT COVERED BY THIS LAW.

Article 18.

ALL LAWS CONTRARY TO THIS LAW ARE ABROGATED.

Article 19.

THE GOVERNMENT SHALL ISSUE GUIDELINES FOR IMPLEMENTATION OF THIS LAW./.