17/10/2022 10:04

Vietnam: What is bail? Conditions for bail of person in temporary detention?

Vietnam: What is bail? Conditions for bail of person in temporary detention?

I read an article about Ms. Nguyen Phuong Hang's son applying for bail for her. What are regulations of Vietnamese law on this procedure? "Phuong Thao - Dong Nai"

Hello Ms. Thao, for your request, LawNet would like to give answer as following:

1. What is bail?

Pursuant to Article 121 of the Criminal Procedure Code 2015 of Vietnam: "Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to approve or refuse bail."

2. Conditions for persons undertaking bail

Pursuant to Clause 2 Article 121 of the Criminal Procedure Code 2015 of Vietnam, there are 02 subjects have rights to undertake bail for persons in temporary detension, including:

 - Organizations of suspects or defendants:

Organizations may bail suspects or defendants, who are their employees. An organization undertaking bail shall present a written promise that bears the signature of its head.

 -  Individuals who are suspects' or defendants' kin:

Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants who are their kin. In this event, bail must be undertaken by at least 02 individuals.

An individual undertaking bail must present a written promise endorsed by his workplace or educational facility or local authorities in the commune, ward or town where he resides.

3. Duties of suspects and defendants on bail

Organizations, individuals undertaking bail must take written promise that guarantee to prevent suspects or defendants from violating duties as prescribed in Clause 3 Article 121 of the Criminal Procedure Code 2015 of Vietnam.

Suspects and defendants on bail must guarantee their execution of these duties in writing:

- Appear as per a subpoena, unless force majeure or objective obstacles occur;

- Not to abscond or continue criminal acts;

- Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.


Nhu Y

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