Hello lawyer, my uncle got into a fight, causing serious injury to people in the same commune; is being detained by the investigative agency. I want to sell my house to get compensation. Since the day I was arrested, my family has not been able to see you, so I don’t know how to sell it or what? Can I ask if the person in custody can sell the house? Look forward to consulting
Thank you for sending us your question. Lawyer X Please refer to the following article to learn more about this issue.
Legal grounds
Land Law 2013
Can detainees sell houses?
According to Clause 1, Article 188 of the Land Law, land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
– Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
– Undisputed land;
– The land use right is not distrained to secure judgment enforcement;
– During the land use period.
Thus, in cases where real estate meets the above conditions, the property owner, even though he is being held in custody or temporary detention or is serving a prison sentence, may still be transferred in accordance with the provisions of law.
Real estate sales transactions while in prison
Regarding the order and procedures, your uncle is in custody, so you can follow one of the following two ways to make a transaction:
Directly sign a sales contract
Firstly, you contact a notary organization (Notary Public or Notary Office) within the administrative boundaries of the province where the real estate is located and ask them to draft and certify the real estate sale and purchase contract.
Thereafter, you need to provide full information, papers on the identity, properties of the buyer and seller, and information about the detention agency to the notary public. Considering that the components of dossiers and papers are eligible for transfer; The notary organization will send a document to the detention agency to request the arrangement of the time and place to sign the sale and purchase contract.
If it is found that the property has not been distrained and the notary’s contact with the detainee does not affect the secrecy of the investigation; The competent authority will notify the specific time for the notary to perform the task. The whole process of signing the transfer contract will be under the supervision of the detention agency to ensure that there is not any behavior that may cause difficulties or hinder the investigation.
After your father signs the contract, the head of the detention agency confirms on the contract that your father is the subject of temporary detention.
In case the detention agency disagrees for some reason, it will send a written reply to the notary public.
Selling real estate through authorization
Your uncle can authorize someone else to carry out the buying and selling procedures. The manner in which the notary certifies the authorization contract at the detention authority is similar to the first case.
How long does it take to see you in detention?
According to the law, cases that can be detained include:
- Temporary detention may be applied to the accused or defendants of particularly serious crimes;
Very serious crime or serious crime; less serious crimes in the specified cases; in Clause 2, Article 119 of the Criminal Procedure Code 2015
- For the accused, the defendant is a pregnant woman; or is raising children under 36 months old, are elderly and weak, people with serious illnesses; who have a clear place of residence and background, may also be subject to temporary detention; if it falls into the case in Clause 4, Article 119 of the 2015 Criminal Procedure Code.
In some cases, a temporary detention order must be approved by the procuracies of the same level before being executed. When the temporary detention term expires, the person in custody must be released. If deemed necessary, the competent authority may apply other preventive measures.
In reality, the law does not specify how long a person can be held in custody. But in fact, he is in custody or temporary detention; visit in accordance with the law and not in cases where relatives are not allowed to visit; Persons held in custody or temporary detention may meet their relatives. Number of encounters in accordance with the law
Related article:
- In Vietnam Is there a form of detention for pregnant women?
- Do household businesses in Vietnam need an input invoice?
Frequently asked questions
Accordingly, in Clause 2, Article 119 of the 2015 Criminal Procedure Code; Grounds for application of the detention measure include:
Other preventive measures have been applied but violated;
There is no clear place of residence or the identity of the accused is unknown;
Fleeing or being arrested due to fleeing or showing signs of hiding from the wanted;
Continuing to commit crimes or showing signs of continuing to commit crimes;
Having acts of bribing, coercing, or inciting others to make false statements; providing false documents; destroying or forging evidence, documents, and objects of the case; dispersing assets related to the case; threatening, controlling, taking revenge on witnesses and victims; whistleblowers and their relatives.
Accordingly, in Clause 4, Article 119 of the Criminal Procedure Code 2015; Regulations on the application and form of temporary detention for the accused and defendants are as follows:
For the accused, the defendant is a pregnant or nursing woman under 36 months old; are elderly and weak, seriously ill, but have a clear residence and background, they shall not be held in temporary detention but apply other preventive measures; except for the following cases:
a) Run away and be arrested under a wanted decision;
b) Continuing to commit the crime;
c) Committing acts of bribing, coercing, or inciting others to make false statements; providing false documents; destroying or forging evidence, documents, and objects of the case; dispersing assets related to the case; threatening, controlling, taking revenge on witnesses, victims, crime whistleblowers or their relatives;
d) The accused or defendants are accused of infringing upon national security and have sufficient grounds; determined that if they were not detained, it would endanger national security.
Thus, in most cases, temporary detention does not apply to the accused, the defendant is a pregnant woman; or is raising a child under 36 months old, this temporary detention only applies; when there are sufficient grounds to determine that this person is; acting of fleeing, or causing harm to others…
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