Measures for returning money to victims regarding pilot handling of physical evidence and assets in criminal cases in Vietnam

Measures for returning money to victims regarding pilot handling of physical evidence and assets in criminal cases in Vietnam​ (Image from the Internet)

The Chief Procurator of the Supreme People's Procuracy, the Minister of Public Security, the Chief Justice of the Supreme People's Court, and the Minister of National Defense issued Joint Circular 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP on February 26, 2025, guiding Article 3 of Resolution 164/2024/QH15 on the pilot handling of evidence and assets during the investigation, prosecution, and trial of certain criminal cases.

Measures for returning money to victims regarding pilot handling of physical evidence and assets in criminal cases in Vietnam

According to Article 4 of Joint Circular 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP, the measures for returning money to victims in the pilot handling of evidence and assets during the investigation, prosecution, and trial of certain criminal cases are guided as follows:

- The proceeding agency considers deciding to return the money seized, detained, or frozen to the victim or their representative according to point a, clause 1, Article 3 of Resolution 164/2024/QH15 when the following bases and conditions are met:

+ The owner of the seized, detained, or frozen money has been clearly identified;

+ The victim, total damages, and the amount of damage for each victim have been clearly identified;

+ There is a document requesting the return of the damaged amount by the victims or their representatives;

+ There is a document requesting the return of the damaged amount by the accused, defendant, or other owners.

- The amount considered for return to the victims is determined as follows:

+ The amount considered for return to the victims is calculated as the total amount seized, detained, or frozen minus the estimated court fees, charges, and other priority enforcement items according to civil enforcement laws;

+ If the amount considered for return to the victims as per point a of this clause is greater than or equal to the total damages of the victims, the full amount is returned to the victims. Any remaining amount (if any) is handled according to Article 5 of Joint Circular 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP;

+ If the amount considered for return to the victims according to point a, clause 2, Article 4 of Joint Circular 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP is less than the total damages of the victims, each victim is compensated proportionally based on the total amount considered for return to the victims according to point a compared to the total damages caused by the criminal act;

+ If the seized, detained, or frozen money is in the currency of another country, territory, or a common currency used in international and regional payments, the proceeding agency must request a competent credit organization to convert and pay in Vietnamese Dong at the exchange rate at the time of payment when deciding to return money to the victims;

+ If during the trial phase, the Court determines that the amount returned to the victim does not match the actual damage they received, the Trial Panel decides the handling within the judgment or decision.

- The procedure and process for returning money to the victim are carried out as follows:

+ The proceeding agency collects, examines, and evaluates evidence and documents to establish the basis and conditions for returning money to the victim and informs the victim, accused, defendant, or other money owners so that they can submit a request document. If the case involves multiple victims and direct notification to the victim is not possible, the proceeding agency publishes the notice on mass media as prescribed in Article 141 of the Criminal Procedure Code 2015 specifying the deadline for submitting a request document;

+ Within 15 working days from the notification deadline, if a request document is submitted, the proceeding agency organizes a meeting to agree on deciding the return of money to the victim. The meeting must have minutes signed by representatives of participating agencies;

+ Within 5 working days from concluding the meeting as per point b of this clause, if there is an agreement, the authorized person prescribed in point a, clause 7, Article 3 of Resolution 164/2024/QH15 issues the decision to return money to the victim; if not agreed, a written notification stating the reason must be given to the person who submitted the request;

+ The decision to return money to the victim must be recorded in the investigation conclusion, indictment, judgment, or decision of the Court. The decision to return money to the victim and the notification document of non-application of the measure must not be included in the case file.

- Within 5 working days from the issuance of the decision or notification document of non-application of the measure, it must be sent and delivered as follows:

+ Sent to the Procuracy, the proceeding agency that participated in the meeting; related credit institutions and State treasury in case of applying the decision;

+ Delivered to the accused, defendant, victim, or the representative of the victim, the legal owner of the money.

- The State treasury or credit institutions, upon receiving the decision from the proceeding agency, must immediately return the money to the victim or their legal representative and send the payment documents to the proceeding agency that issued the decision for monitoring and use as a basis for case resolution.

Joint Circular 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP takes effect from March 01, 2025.

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