What crime is it to violate someone else’s place of residence against the law in Vietnam?

Violating someone else’s place of residence against the law is a serious legal offense that can result in criminal liability. How is this behavior punished under Vietnamese law?

What constitutes a violation of someone else’s place of residence against the law?

According to the provisions in Article 158 of the 2015 Penal Code (amended and supplemented in 2017), a violation of someone else’s place of residence against the law is understood to include one of the following acts:

– Unauthorized search of someone else’s place of residence.

– Forcing someone else against the law to leave their place of residence.

– Occupying or obstructing someone else’s lawful occupation or management of their place of residence.

– Unlawfully entering someone else’s place of residence.

A place of residence is understood to be a person’s living space, including houses, apartments, dormitories, ships, and boats (if the entire fishing family lives permanently on the ship or boat), and so on.

The offense of violating someone else’s place of residence according to Vietnamese law

Anyone who violates someone else’s place of residence may be sentenced to non-custodial reform for up to 2 years or imprisonment for up to 2 years under Vietnamese law.

If the offender violates someone else’s place of residence under the following circumstances, they may be sentenced to imprisonment for up to 5 years, including:

– Violating the place of residence of others in an organized manner. Organized means planning, assigning roles to accomplices, and closely cooperating when committing the offense.

– The offender abuses their position or authority to unlawfully violate someone else’s place of residence.

– The offender violates someone else’s place of residence two or more times without any previous criminal liability.

– The act of violating someone else’s place of residence leads to the victim committing suicide.

– The act of violating someone else’s place of residence negatively impacts public security, order, and social safety.

Additionally, the offender may also be barred from holding office for up to 5 years by the court.

Constituting the offense of violating someone else’s place of residence

To constitute the offense of violating someone else’s place of residence, the offender must satisfy the following conditions:

– Age: They must be of an age to be criminally responsible. For the offense of violating someone else’s place of residence, the offender must be at least 16 years old to be criminally liable.

– Subject matter: The subject matter of this offense is the inviolable right to a person’s place of residence as recognized in the Constitution and Vietnamese laws.

– Objective element: The offender commits one of the four acts of violating someone else’s place of residence mentioned above, resulting in the homeowner or lawful occupant losing their place of residence and affecting their normal life and activities, as well as those of their family members.

– Subjective element: The offense is committed with deliberate intent, which can be direct or indirect. The offender must be aware that violating someone else’s place of residence is against the law, foresee the consequences of their actions, and either desire the consequences to occur or, even if they do not desire them, consciously allow them to happen.

Commentary on the offense of violating someone else’s place of residence

– The act of unauthorized search of someone else’s place of residence involves searching or inspecting within the confines of another person’s residence with the intention of collecting information or items that the searcher desires to obtain. Conducting a search that does not adhere to the legal regulations governing searches (such as having a search warrant, adhering to the specified time, following the prescribed procedures, involving the authorized personnel, etc.) is considered an unlawful search.

– The act of forcing someone else against the law to leave their place of residence involves the use of force, threats, or other means to compel someone to vacate their current place of residence. Evicting someone, if not permitted under the provisions of the law, is considered unlawful. Permissible cases may include forced land reclamation under the decision of the competent authority or the enforcement of a valid court judgment.

– The act of occupying or obstructing the place of residence of another person, or interfering with a person who is lawfully managing their place of residence, includes actions such as taking advantage of the homeowner’s absence to move in and relocate their belongings, providing deceptive information to the homeowner to force them to vacate, or surrounding the house and preventing the homeowner from entering their own home.

– The act of unlawfully entering someone else’s place of residence involves actions aimed at wrongfully seizing another person’s place of residence.

Administrative Penalties for Violation of Residency

If the act of unauthorized violation of someone else’s place of residence does not rise to the level of criminal liability, it may, depending on the specific circumstances, be subject to administrative penalties as stipulated in Government Decree No. 144/2021/ND-CP dated December 31, 2021, regarding administrative penalties in the field of security, order, and social safety.

For example, the act of using violence, threatening to use violence, or employing other means not permitted by the law to enter someone else’s house for the purpose of debt collection may result in an administrative fine ranging from 20 million to 40 million Vietnamese Dong.

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