What is a bail? Conditions to provide a bail in Vietnam

Hello, Lawnet would like to answer your questions as follows:

1. What is a bail?

According to the provisions of Article 121 of the Criminal Procedure Code 2015: “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 to provide a bail in Vietnam

According to the provisions of Clause 2, Article 121 of the Criminal Procedure Code of Vietnam, there are 02 subjects entitled to provide bail for a person being detained for investigation, including:

- Agencies and organizations of the 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 relatives of the suspects or defendants:

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. Obligations of the suspects and defendants on bail

When an individual or organization provide a bail, it must make a commitment that the suspects or defendants will not violate the obligations specified in Clause 3, Article 121 of the Criminal Procedure Code 2015.

In which, 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.

If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.

Best regards!

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