The implementation of monetary bail to replace the detention in Vietnam

The implementation of monetary bail to replace the detention in Vietnam (Image from the Internet)

According to Article 8 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC regulating:

- Within 3 working days of receiving the notice of monetary bail acceptance, the suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects must post the bail.

If the posting of monetary bail is prevented by objective hindrance or a force majeure event, the deadline will be adjusted to commence anew upon the resolution of the hindering event.

- Monetary bail is posted as follows:

+ If bail money is paid at the State Treasury, the suspect’s or defendant’s authorize person, suspect’s or defendant’s relative, or suspect’s or defendant’s representative if they are under 18 years old or have mental or physical defects shall bring the notice of monetary bail acceptance so that the State Treasury can check and carry out procedures for depositing the bail money into the bail fund account of the Investigation Agency or the People's Court with the first instance jurisdiction. The payer makes 3 copies of the deposit slip (according to the form of the Ministry of Finance guiding the state accounting applied to the Budget and Treasury management information system). In which, 1 copy of deposit slip to notify the account owner of the credit, 1 copy of deposit slip to return to the payer.  The bail fund account owner shall make a report on the litigants who have posted bail money and send it to the agencies that issued the notice of monetary bail acceptance.

After completing the payment procedure, the State Treasury shall keep 1 copy of the deposit slip, return 1 copy of deposit slip with the notice of monetary bail acceptance to the payer, and send 1 copy of deposit slip to the account holder to notify them of the credit.

+ In case of payment at a financial agency in the Army, the receiving agency shall make a record of handover and receipt of the bail money, with confirmation signatures of the payer and the receiving agency.

The record is made into 3 copies, of which 1 copy is given to the representative of the agency that issued the notice of monetary bail acceptance, 1 copy is given to the payer, and 1 copy is kept at the financial agency that made the record .

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