Enterprises under search and document seizure: what to do in the first 24 hours?

When competent authorities conduct a search of a corporate headquarters or seize documents belonging to an enterprise, it is inevitable that owners and management at all levels will feel panicked and anxious. However, the decisions made during the first 24 hours often significantly impact the investigation process, business operations, as well as the ability to protect the enterprise’s legitimate rights and interests later on.

Not a few enterprises, due to a lack of legal understanding or acting on emotion, have inadvertently relinquished their lawful rights, giving rise to unnecessary legal risks.

Enterprises should note that being searched or having documents seized does not mean that the enterprise has been concluded to have violated the law. Searching and seizing are procedural activities that can be carried out when the grounds, conditions, and procedures prescribed by the Criminal Procedure Code are met. The article below analyzes the actions an enterprise should take immediately after being searched or having documents seized in order to mitigate legal risks and ensure stable business operations.

1. Stay Calm and Verify the Grounds for the Search

An enterprise should record and verify basic information related to the procedural activities of the officers, including:

• – The search decision or seizure decision in accordance with legal provisions;
• – Official ID card or documents proving the official capacity of the officers;
• – Documents stating the legal grounds for the search in cases required by law;
• – The issuing authority of the decision;
• – Whether the person signing the decision has the proper authority;
• – Location and scope of the search;
• – Time of execution;
• – Objects, documents, items, or data being searched, or assets being seized.

This verification is not intended to obstruct the activities of the procedural authorities, but to ensure that all activities are conducted in accordance with proper legal procedures and order.

2. Designate a Representative to Work with Competent Authorities

During the search process, the enterprise should designate a suitable point of contact (the legal representative or an authorized representative) to coordinate and work with the competent authorities. This helps the enterprise:

• – Limit situations where employees provide contradictory information;
• – Ensure that the provision of information is controlled;
• – Minimize risks arising from inaccurate statements;
• – Control the receipt and handover of documents.

Regarding employees, the enterprise should also request that employees do not voluntarily explain, speculate, or provide inaccurate information. When requested to work with authorities, employees should cooperate within the scope of their rights and obligations, and only sign to confirm contents that they clearly know.

3. Invite Lawyers to Participate from the Early Stage

One of the most common mistakes is only seeking a lawyer when the matter has already become complicated. In practice, a lawyer can assist the enterprise right from the beginning by:

• – Verifying the legality of the search procedures and order;
• – Guiding the enterprise to properly exercise its rights and fulfill its obligations;
• – Reviewing the contents of the search minutes, seizure minutes, or related documents;
• – Providing legal opinions if signs of procedural violations are detected;
• – Assisting in recording the enterprise’s opinions into the minutes;
• – Limiting risks arising in subsequent working sessions.

Having a lawyer accompany the enterprise early usually helps significantly reduce the risk of disputes or procedural errors.

4. Fully Inventory Seized Documents and Assets

For documents and items temporarily held during the search, or electronic devices and electronic data being seized, the enterprise needs to request the creation of detailed minutes recording each document, file, device, or electronic data seized.

The minutes should clearly state information such as:

• – Name or type of document;
• – Quantity;
• – Identifying characteristics;
• – Condition of documents and items;
• – Storage device or media;
• – Time of seizure.

The enterprise needs to read the minutes carefully before signing. If there are incomplete or inaccurate descriptions, the enterprise should request that its opinions be recorded directly in the minutes. Retaining a copy of the minutes is an important basis for protecting rights if complaints or disputes arise later.

5. Proactively Protect Data and Business Operations

In many cases, seized documents relate not only to the matter being verified, but also include:

• – Contracts with clients;
• – Accounting records;
• – Internal data;
• – Trade secrets;
• – Information of clients and partners;
• – Data on computers, phones, or the enterprise’s storage systems.

The enterprise needs to quickly assess operations that may be disrupted and prepare alternative operational plans. In particular, the enterprise and its employees should not arbitrarily delete, modify, move, destroy, or tamper with data that may be relevant.

6. Control Media Communication

Immediately after a search occurs, information often spreads very quickly within the enterprise, among partners, and on social media. Therefore, the enterprise should:

• – Designate a spokesperson;
• – Prevent employees from arbitrarily answering the press or posting unverified information;
• – Prepare a unified message to send to clients and partners if necessary.

Uncontrolled media handling can cause greater damage than the legal matter itself. This is not intended to conceal information or obstruct the activities of competent authorities, but to ensure that provided information is accurate, consistent, and compliant with the enterprise’s legal obligations.

7. Review Legal Risks and Build Next Legal Options

After the search, temporary holding, or seizure activities end, the enterprise should coordinate with lawyers to conduct activities such as:

• – Assessing the legality of the entire search process;
• – Identifying legal obligations that may arise;
• – Preparing dossiers and documents for subsequent working sessions;
• – Developing a legal strategy suitable for each phase of the case.

Proactively preparing early always puts the enterprise in a better position compared to merely reacting when the situation has become complex.

Being searched or having documents seized does not mean that the enterprise has violated the law. This is a procedural activity carried out to serve the verification and investigation process in accordance with the law.

What is important is that the enterprise stays calm and cooperates within the scope prescribed by law, while proactively utilizing its legal rights to protect assets, data, trade secrets, and corporate interests. The first 24 hours are always the “golden period” to shape the legal strategy. A correct decision right from the start can help the enterprise significantly reduce legal risks, limit financial and reputational damage, and ensure that business operations remain stable.

In case of requiring specialized support, Clients please contact:

Consulting – Litigation Lawyer: Hoang Manh Dung

• – Email: info@bizlawyer.vn
• – Phone: 086.885.1900

Sincerely./.