After being released on bail, do people have to pay a fine in Vietnam?

After being released on bail, do people have to pay a fine in Vietnam?

Pursuant to Clause 1, Article 121 of the Criminal Procedure Code 2015 provides for the following areas of protection:

1. 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.

And pursuant to Article 321 of this Code as amended by Clause 120, Article 1 of the Law amending the Criminal Code 2017 regulating gambling offenses provides as follows:

1. A person who illegally gambles in any shape or form with the stakes (in cash or kind) assessed at from VND 5,000,000 to under VND 50,000,000, or under VND 5,000,000 despite the fact that he/she has incurred an administrative penalty for the same offence or any of the offences specified in Article 322 hereof or has an unspent conviction for the same offence or any of the offences specified in Article 322 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000, face a penalty of up to 03 year's community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 07 - 15 years' imprisonment:

a) The crime is committed in a professional manner;

b) The stake is assessed at VND ≥ 50,000,000;

c) The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;

d) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

According to this Article, an exception is only applied to investigative decisions of investigating bodies which are not in temporary detention. Your friend may still be subject to a fine of between VND 10,000,000 and VND 50,000,000 in Vietnam.

How must the guarantor make a written commitment to perform the obligations in Vietnam?

Pursuant to Clause 3, Article 121 of the Criminal Procedure Code 2015 stipulates that the guarantee person must make a written commitment to perform the following obligations:

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

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

b) Not to abscond or continue criminal acts;

d) 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!