How much money do I need to pay for bail in Vietnam?

How much money do I need to pay for bail in Vietnam?

The amount of security deposit is specified in Article 4 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC as follows:

1. The investigation agency, the Procuracy, and the Court shall decide the specific amount of money that the suspect or defendant must deposit as security, but not less than:

a) Thirty million VND for less serious crimes;

b) One hundred million VND for serious crimes;

c) Two hundred million VND for very serious crimes;

d) Three hundred million dong for particularly serious crimes.

2. Investigating agencies, procuracies and courts may decide that the amount of money to be deposited for security is lower but not less than one-half (1/2) of the corresponding level specified in Clause 1 of this Article in the following cases: 

a) The accused or defendants are wounded or sick soldiers, are conferred the title of Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor or the Medal of Resistance, the titles of Hero in the resistance war against the US for national salvation, the legitimate offspring and adopted children of martyrs, Vietnamese heroic mothers and families were awarded with the certificate "Family with meritorious services to the country.";

b) The suspect or defendant is a person under 18 years old, a person with mental or physical weakness.

Pursuant to Article 9 of the 2015 Penal Code as amended by Clause 2, Article 1 of the Law amending the 2017 Penal Code, regulations on classification of crimes are as follows:

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.

Pursuant to Clause 1, Article 134 of the 2015 Penal Code, the regulations on deliberate infliction of bodily harm upon another person are stipulated as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) A dangerous weapon or method is used to harm 02 or more people;

b) Sulfuric acid (H₂SO₄) or another hazardous chemical is used to inflict bodily harm upon another person;

c) The act results in a mild handicap of the victim;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

g) The victim is the offender's grandparent, parent, caregiver or teacher;

h) The offence is committed by an organized group;

i) The offence involves abuse of the offender's position or power;

k) The offence is committed while the offender is kept in temporary detention, serving his/her sentence in a prison or correctional institution or rehabilitation center;

l) The offender hires another person or is hired to inflict bodily harm to the victim;

m) The offence is of a gangster-like nature;

n) Dangerous recidivism;

o) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties;

According to this Article, your brother's act of hitting someone caused 12% injury and did not include any of the actions in Clause 1, Article 134 as above, he will be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years, committing a less serious crime. Therefore, your brother can apply for bail and pay a security deposit according to the decision of the investigation agency, the Procuracy, and the Court to decide on a specific amount of money, but not less than thirty million VND.

If I deposit money for bail, what obligations do I have to make in a commitment letter to fulfill in Vietnam? 

Pursuant to Clause 2, Article 122 of the 2015 Criminal Procedure Code, regulations on surety:

2. Suspects and defendants on surety 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 and the amount of money as surety shall be confiscated  into the state budget.

Best Regards!