From 1 July 2026, what may and may not a person subject to a Prohibition from leaving their place of residence do?

Many people still believe that being subject to a prohibition from leaving one’s place of residence means that the person is not allowed to go to work, leave their home, or is effectively “under house arrest”. In practice, this understanding is not entirely accurate. In criminal proceedings, the prohibition from leaving one’s place of residence is one of the preventive measures commonly applied to accused persons when detention is not yet considered necessary, but their presence throughout the resolution of the case still needs to be ensured.

In particular, following the entry into force on 1 July 2026 of the Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence 2025, the rights and obligations of persons subject to this measure have been prescribed in greater detail and clarity. These new provisions contribute to ensuring human rights while enhancing the effectiveness of management by competent procedural authorities. The article analyzes the rights, obligations, and permissible or prohibited actions for individuals subject to this measure, in accordance with legal regulations effective from July 1, 2026.

1. What is a prohibition from leaving one’s place of residence?

The prohibition from leaving one’s place of residence is a preventive measure prescribed in Article 109 of the 2015 Criminal Procedure Code. This measure may be applied to accused persons who have a clear place of residence in order to ensure their presence when summoned by an investigation agency, the Procuracy or the Court. The measure is intended to prevent the risk of absconding or obstructing procedural activities in accordance with Article 123 of the 2015 Criminal Procedure Code.

It is important to note that a person subject to a prohibition from leaving their place of residence is not placed in detention. They are not isolated from society as in the case of temporary detention and may continue to live, work and exercise various civil rights in accordance with law.

2. What may a person subject to a prohibition from leaving their place of residence do?

One of the most common misconceptions is that once this measure is imposed, all of the person’s activities are subject to restrictions. However, this is not the case. A person subject to a prohibition from leaving their place of residence is defined as a person “whose right to travel outside the administrative boundaries of the commune, ward or special administrative zone where such person resides, or outside the administrative boundaries of the military unit managing such person, is restricted for the period prescribed by the Criminal Procedure Code in order to ensure his/her presence upon summons by a competent procedural authority, including accused persons; defendants; persons subject to extradition requests; and persons awaiting execution of imprisonment sentences”, pursuant to Clause 3, Article 2 of the 2025 Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence.

In addition, the principles governing the management and execution of temporary detention, detention and prohibition from leaving one’s place of residence are prescribed in Clause 4, Article 3 of the 2025 Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence: “Ensuring that persons held in temporary custody, persons held in detention and persons prohibited from leaving their place of residence may exercise their human rights and rights and obligations as citizens, unless such rights are restricted by this Law or other relevant laws.” Accordingly, a person subject to a prohibition from leaving their place of residence retains the following basic rights:

To leave their place of residence for reasons of force majeure or objective obstacles

Pursuant to Point a, Clause 1, Article 41 of the 2025 Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence, a person subject to such prohibition may leave their place of residence due to force majeure or objective obstacles. Where the person wishes to leave their place of residence for other legitimate reasons, they must obtain permission from the competent authority. Accordingly, a person subject to the prohibition must obtain permission and approval from the competent authority before leaving their place of residence in such circumstances.

To change their place of residence, workplace, place of work or place of study outside the permitted area with the permission of the competent authority

Pursuant to Point b, Clause 1, Article 41 of the 2025 Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence, a person subject to this measure may change their place of residence, workplace, place of work or place of study outside the permitted area with the permission of the competent authority. Where the person changes their place of residence, workplace, place of work or place of study within the permitted area, they must report such change to the competent authority. Accordingly, although a person subject to the prohibition retains the right to make such changes, changes outside the permitted area are subject to prior approval by the competent authority.

To maintain normal daily life at their place of residence

A person subject to the prohibition may continue to live with their family, take care of their children, participate in daily activities and maintain their normal life. The application of this measure does not deprive the person of their fundamental personal rights as a citizen.

To continue working and studying

If the person’s workplace or educational institution is located within the permitted area under the decision imposing the preventive measure, they may continue to work or study. This provision reflects a humanitarian approach, enabling the person concerned to maintain their income, stabilize their life and fulfil their obligations towards their family.

To receive medical examination and treatment

The right to healthcare is protected by law. Where medical examination or treatment is required at a healthcare facility outside the locality, the person subject to the measure should notify and obtain permission from the competent authority before travelling.

To conduct civil transactions

A person subject to a prohibition from leaving their place of residence retains the right to:

• – Enter into contracts;
• – Manage their assets;
• – Conduct transactions with banks;
• – Carry out business activities; and
• – Participate in other civil legal relationships in accordance with law.

The imposition of a preventive measure does not, in itself, restrict the person’s legal capacity or capacity to act in civil transactions.

3. What may a person subject to a prohibition from leaving their place of residence NOT do?

Alongside the rights mentioned above, a person subject to the prohibition must strictly comply with the obligations prescribed in Clause 2, Article 41 of the 2025 Law on Execution of Temporary Detention, Detention and Prohibition from Leaving the Place of Residence. Specifically:

Must not leave their place of residence without permission

This is the most important obligation. Travelling to another province, going on a business trip, travelling for leisure or returning to one’s hometown must be approved by the competent authority in advance if such travel falls outside the permitted area. Many people believe that travelling for only a short period will not cause any issue. However, if such travel has not been approved, it may still constitute a violation of the decision imposing the preventive measure.

Must appear when summoned

Upon receiving a summons from an investigation agency, the Procuracy or the Court, the person subject to the prohibition must appear at the time and place specified in the summons. Failure to appear without a legitimate reason may directly affect the resolution of the case and may result in the application of a more stringent preventive measure.

Must not abscond or obstruct procedural activities

A person subject to the measure must not:

• – Abscond;
• – Destroy evidence;
• – Conceal documents;
• – Threaten or bribe witnesses;
• – Collude with or influence other procedural participants; or
• – Commit any act that obstructs the investigation, prosecution or trial.

These are mandatory obligations intended to ensure that criminal proceedings are conducted objectively and in accordance with law.

Accordingly, where the travel is for work, medical treatment, family matters or other legitimate needs, the person subject to the prohibition should submit a request to the authority that issued the decision imposing the measure for consideration. The travel should only be undertaken after approval has been granted, in order for such travel to be considered lawful.

4. What are the consequences of violating the decision imposing the preventive measure?

Many people underestimate the seriousness of violating their obligations while being subject to a prohibition from leaving their place of residence. In practice, where a person subject to the preventive measure:

• – Leaves their place of residence without permission;
• – Fails to comply with a summons;
• – Absconds; or
• – Obstructs procedural activities.

The competent procedural authority may replace the prohibition from leaving the place of residence with temporary detention where sufficient legal grounds exist in accordance with law. This means that a person who was previously allowed to remain at liberty may subsequently be deprived of their liberty throughout the investigation, prosecution or trial process.

In summary, the prohibition from leaving one’s place of residence is a preventive measure intended to ensure the proper conduct of criminal proceedings, rather than a criminal penalty. The law continues to guarantee the person’s right to study, work, receive medical treatment and exercise lawful civil rights.

A proper understanding of these provisions not only helps prevent unnecessary legal risks but also contributes to ensuring that criminal proceedings are conducted in accordance with law, objectively and fairly.

For professional legal assistance, please contact:

Litigation and Legal Advisory Lawyer: Trần Thị Kim Phụng
Email: info@bizlawyer.vn
Hotline: 086 885 1900

Sincerely.

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