In modern society, a person’s home is not merely a place of residence but also a private and inviolable space, intrinsically tied to fundamental personal rights protected by the Constitution and laws of Vietnam.
However, in reality, acts of unlawful intrusion into another person’s residence still occur in various forms, such as:
- Forcibly entering someone’s home to “collect debts,” “have a talk,” or “inspect property”;
- Officials or individuals abusing their power to conduct unlawful searches or enforcement actions;
- Breaking into homes to threaten, intimidate, or cause public disorder.
Such conduct not only violates individual freedom but also disrupts public order and social stability. Therefore, these acts must be analyzed and addressed strictly under the law.
1. Legal Foundations
1.1. The Constitution of 2013
Article 22 of the 2013 Constitution provides:
“Citizens have the right to lawful residence. Everyone has the right to the inviolability of their place of residence. No one may enter another person’s home without their consent.”
Thus, the right to housing is constitutionally protected, and any act infringing upon another’s residence constitutes a violation of human rights.
1.2. Civil Code 2015
Article 38 of the 2015 Civil Code defines a residence as part of an individual’s private life. Any act infringing upon it that causes material or moral damage must be compensated.
Additionally, Articles 584–592 on non-contractual compensation for damage provide the legal basis for victims to claim damages.
1.3. Penal Code 2015 (Amended 2017)
Article 158 establishes the criminal offense of infringing upon another person’s residence, serving as the foundation for criminal prosecution in serious or organized cases, or where the offender abuses official authority.
1.4. Administrative Sanctions
Under Decree No. 144/2021/NĐ-CP, acts of intrusion or disturbance at another’s residence may result in a fine ranging from VND 3,000,000 to 5,000,000, and the violator may be compelled to restore the original state, make a public apology, or compensate for damages, if any.
2. Legal Liability Depending on the Degree of Violation
2.1. Administrative Liability
Legal basis: Clause 3, Article 7 of Decree 144/2021/NĐ-CP.
Entering another person’s residence without permission, breaking doors, taking photos or videos against the homeowner’s will — all constitute administrative violations.
- Fine: VND 3,000,000 – 5,000,000;
- Remedial measures: Public apology, cessation of the unlawful act, and compensation for any damages.
This form of sanction applies when the act does not yet constitute a criminal offense.
2.2. Civil Liability
Legal basis: Articles 584, 589, and 592 of the 2015 Civil Code.
A person unlawfully entering another’s residence and causing harm must compensate for:
- Material damages: such as property destruction, repair costs, loss of income, etc.;
- Moral damages: for mental distress caused by the violation of personal rights.
- The amount of material damage is determined by actual loss or reasonable repair expenses.
- Compensation for moral damage is agreed upon by the parties; if not, the Court decides, but it shall not exceed 10 times the basic salary (as guided in judicial practice).
2.3. Criminal Liability
Legal basis: Article 158 of the Penal Code 2015 (as amended in 2017).
- Clause 1: Any person who unlawfully infringes upon another’s residence shall be subject to non-custodial reform of up to 2 years or imprisonment from 3 months to 2 years.
- Clause 2: If committed in an organized manner, by abusing authority, or causing serious consequences, the penalty shall be imprisonment from 1 to 5 years.
Constituent elements:
- Offender: Any individual aged 16 or older.
- Subjective element: The offender knowingly and intentionally commits the act, aware that the residence belongs to another.
- Objective element: Acts include unauthorized entry, illegal eviction, unlawful seizure, or illegal search of another’s home.
- Aggravating circumstances: Organized crime, abuse of power, or causing serious harm to health, property, or mental well-being.
3. Procedures for Protection and Legal Remedies
3.1. For the Victim of Intrusion
Upon detecting an unlawful entry, the victim should:
- Stay calm and avoid violent confrontation; record evidence via photos, videos, or audio.
- Immediately report the incident to the local commune or ward police to have it documented.
- File a complaint or request administrative/criminal handling depending on the severity.
- If damages occur (property loss or emotional harm), file a civil lawsuit to claim compensation.
3.2. Competent Authorities
- Commune/Ward Police: Receive reports and prepare initial documentation.
- Criminal Investigation Agency: Investigates criminal acts under Article 158 of the Penal Code.
- People’s Court: Adjudicates criminal cases and settles civil compensation claims.
4. Observations and Legal Recommendations
4.1. Legal Perspective
- Current legal provisions comprehensively cover administrative, civil, and criminal aspects.
- However, more detailed guidance is needed for “indirect intrusions”, such as unauthorized recording through cameras, drones, or windows.
4.2. Practical Enforcement
- Strengthen public education on the right to residential inviolability.
- Encourage citizens to report violations promptly and collect lawful evidence.
- Develop judicial precedents for consistent adjudication, particularly in cases involving public officials.
5. Conclusion
Unlawful intrusion into another’s residence constitutes a serious violation of human rights, disrupts public order, and infringes upon the private life of citizens.
Vietnamese law provides a comprehensive legal framework to address such acts:
- Administrative sanctions: fines, public apology, and restoration of the original state;
- Civil liability: compensation for material and moral damages;
- Criminal liability: imprisonment from 3 months to 5 years, depending on severity.
Every individual must respect others’ right to inviolability of residence and rely on legal mechanisms to resolve disputes — rather than resorting to emotional or violent means.
This respect for the law is not only a civic duty but also the foundation of a civilized and rule-of-law society.
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Khuong Ngoc Lan