When can the police conduct administrative inspections of private homes?

According to Article 26 of Circular 35/2014/TT-BCA guiding the Law on Residence, police officers and commune police assigned to manage residence in their area have the right to directly or jointly inspect the compliance with the law on residence by citizens, households, agencies, and organizations within their jurisdiction. During inspections, they have the right to mobilize community forces involved in maintaining security and order at the grassroots level, as well as security personnel from agencies, businesses, and organizations, to participate.

Residence checks are conducted periodically, unexpectedly, or as required for crime prevention, maintaining security and order.

According to the regulations, commune police and people's police assigned to manage residency in the area have the right to check residency at any time, including at night (within their jurisdiction). This force can conduct checks independently or mobilize community forces to participate (but it is not mandatory).

Illustrative image. (Source: Internet)

However, residence checks conducted by higher-level police in residential areas must be witnessed by police officers and commune police assigned to manage residence in the area. Currently, the subjects of residence checks include citizens, households, accommodation rental establishments, residence registration and management agencies at all levels; and agencies and organizations related to residence management.

Therefore, according to the above regulations, the commune police and people's police assigned to manage residence in the area have the right to check residence at any time, including at night (within their managed area). This force can conduct checks independently or mobilize the public to participate (but it is not mandatory).

However, residence checks conducted by higher-level police in residential areas must be witnessed by police officers or commune police officers assigned to manage residence in the area.

Currently, those subject to residence checks include citizens, households, accommodation rental establishments, residence registration and management agencies at all levels; and agencies and organizations related to residence management.

The content of residence inspections includes checking the implementation and organization of residence registration and management; the rights and responsibilities of citizens, households, agencies, and organizations; and other matters as stipulated by residence laws.

If the police are given the power to conduct residence checks in the middle of the night, it means that citizens must comply with these checks.

Refusing to open the door during a residence check is wrong and may result in penalties. If you suspect someone is impersonating a police officer, you can request to see the officer's identification card or name tag.

According to Article 11 of the Law on Residence, citizens are responsible for complying with the provisions of the law on residence; providing complete and accurate information and documents about their residence to competent authorities and individuals, and are responsible for the information and documents provided…

When requested by authorities or competent persons, citizens must present their household registration book, temporary residence book, or other documents related to their residence.

If citizens fail to fulfill their responsibilities, they will be penalized according to Article 8 of Decree 167/2013/ND-CP. Specifically, a fine of VND 100,000 to VND 300,000 will be imposed on those who fail to comply with household registration checks, temporary residence checks, or lodging checks, or who fail to present their household registration book, temporary residence book, or other documents related to residence as requested by competent authorities.

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Source: https://vtc.vn/khi-nao-cong-an-duoc-kiem-tra-hanh-chinh-nha-dan-ar798806.html