Is it possible to authorize the sale of property while in detention?

Reply:Pursuant to Clause 1, Article 9 of the Law on Enforcement of Detention and Temporary Imprisonment 2015, the rights and obligations of detainees and temporary prisoners are stipulated as follows:

Article 9. Rights and obligations of detainees and prisoners

1. Detainees and prisoners have the following rights:

a) To have one's life, body, property protected, and one's honor and dignity respected; to be informed of one's rights and obligations, and the regulations of the detention facility;

b) To exercise the right to vote in accordance with the provisions of the Law on Election of Deputies to the National Assembly and People's Councils, and the right to vote in referendums in accordance with the provisions of the Law on Referendums;

c) Guaranteed food, accommodation, clothing, personal items, medical care, spiritual activities, sending and receiving letters, receiving gifts, books, newspapers, and documents;

d) To meet relatives, defenders, and have consular contact;

d) Be guided, explained and guaranteed the right to self-defense, seek defense counsel and legal aid;

e) To meet with a legal representative to conduct civil transactions;

g) Be requested to be released upon the expiration of the detention or temporary detention period;

h) To complain and denounce violations of the law;

i) Be compensated for damages according to the provisions of the Law on State Compensation Liability if illegally detained or held;

k) Enjoy other rights of citizens if not restricted by this Law and other relevant laws, except in cases where such rights cannot be exercised because they are being detained or imprisoned.

In addition, before starting any authorization procedure, it is necessary to check and verify whether the property intended for sale is subject to the compulsory measure of "property seizure".

Accordingly, property seizure is a measure of criminal procedural coercion stipulated in Article 128 of the 2015 Criminal Procedure Code. This is an action of the prosecution agency (Investigation Agency, Procuracy, Court) to inventory and temporarily "freeze" the right to dispose of the property of the suspect or defendant. The purpose of seizure is to ensure enforcement of judgments against potential penalties such as fines, confiscation of property, or to ensure compensation for damages caused by criminal acts. When a property is seized, the owner will be prohibited from performing transfer acts such as buying, selling, donating,tmortgage on that property. Any transaction related to the seized property is invalid.

In addition, pursuant to Clause 2, Article 46 of the 2024 Law on Notarization, the notarization location outside the headquarters of the notary practice organization is stipulated as follows:

2. Notarization may be performed outside the headquarters of the notary practice organization if the person requesting notarization falls into the following cases:

a) Make a will at the place of residence according to the provisions of the Civil Code;

b) Unable to travel due to health reasons; being hospitalized or quarantined as prescribed by a medical facility;

c) Being detained or imprisoned; serving a prison sentence; being subject to administrative measures;

d) There are other legitimate reasons as prescribed by the Government.

Thus, with the above provisions, your relatives can be authorized if they are not in a restricted case and the notarization can be performed outside the headquarters of the notary practice organization and is not in a case of property seizure.