When can suspects or defendants be bailed in Vietnam?

When can defendants be bailed in Vietnam? (Illustrative photo)

According to the Criminal Procedure Code 2015, bail for defendants is regulated as follows:

1. What is bail?

According to Clause 1, Article 121 of the Criminal Procedure Code 2015, bail is a preventive measure that replaces temporary detention. Based on the nature, level of danger to society of the act, and the personal identification of the defendant, the Investigation Agency, the Procuracy, and the Court may decide to grant them bail.

Bail is a less stringent preventive measure than temporary detention and is applied in cases where temporary detention is not necessary, but there is a need to prevent the defendant from continuing to commit crimes and to ensure the defendant’s presence according to the summons of the Investigation Agency, the Procuracy, or the Court.

2. Avoid confusion between "bail" and "guarantee" in Vietnam

Avoid confusion between the terms "bail" and "guarantee," two legal terms that are very familiar in law but quite easy to confuse. “Bail,” as presented, is one of the preventive measures applied in criminal proceedings. Meanwhile, “guarantee” is one of the measures to ensure the performance of obligations in the field of civil law. Specifically, Clause 1, Article 335 of the Civil Code 2015 stipulates that a guarantee is the commitment of a third party to the person with rights to perform the obligation on behalf of the obligated person.

Considering the connotation of these two terms, "bail" and "guarantee" both involve a third party committing or guaranteeing on behalf of the obligated person to perform/not violate the agreed obligation according to legal regulations towards the person with rights/the State.

Thus, "bail" and "guarantee" are two legal terms used in completely different fields of law. However, the similarity in wording causes many people to confuse the usage.

3. When can the preventive measure of bail be applied to a defendant in Vietnam?

The entity performing bail is an agency or organization:

- Agencies or organizations can bail for the defendant if the defendant is a member of their agency or organization.

- Bail conditions: The agency or organization receiving the bail must have a written commitment and confirmation from the head of the agency or organization.

The entity performing bail is an individual:

- Individuals receiving bail must meet the following conditions:

-  Be  18  years  of  age  or  older;-  Have  good  personal  identification;-  Strictly  comply  with  the  law;-  Have  a  stable  income;-  Have  the  capability  to  manage  the  person  being  bailed;-  The  defendant  must  be  their  relative;  and-  At  least  02  people  must  provide  the  bail.

- Bail conditions:

Individuals receiving bail must make a written commitment with confirmation from the local commune-level government where they reside or the agency, organization where they work or study.

Note::

In the written commitment, agencies, organizations, or individuals taking bail must commit not to let the defendant violate the obligations stated below.

In addition, agencies, organizations, or individuals taking bail will be informed of the details of the case related to the bail.

Thus, the criminal procedure law allows defendants to be granted the preventive measure of bail. However, the application of bail must not only be based on the nature and level of the crime but also meet the conditions for the person taking the bail and the conditions for being bailed. The entity taking the bail must ensure that the defendant does not violate the obligations when being bailed.

4. What is the duration of bail in Vietnam?

The duration of bail for the defendant under Clause 5, Article 121 of the Criminal Procedure Code 2015 is regulated as follows:

- The duration of bail shall not exceed the investigation, prosecution, or trial timeframe stipulated in the Criminal Procedure Code 2015;

- The duration of bail for those sentenced to imprisonment shall not exceed the period from the sentencing to the time the person serves the prison sentence. Obligations of the defendant when granted bail.

5. Obligations of the defendant when granted bail in Vietnam

Defendants granted bail must make a written commitment to perform the following obligations:

- Be present according to the summons, except for reasons of force majeure or objective impediments;

- Not to flee or continue to commit crimes;

- Not to bribe, coerce, or incite others to make false declarations, provide false documents; not to destroy, falsify evidence, documents, items of the case, or disperse assets related to the case; not to threaten, intimidate, or retaliate against witnesses, victims, informants, and their relatives.

Note: In cases where defendants violate the commitment obligations stipulated in this clause, they will be temporarily detained.

6. Responsibilities of the person taking bail in Vietnam

Agencies, organizations, or individuals taking bail for defendants who violate committed obligations will be fined according to the nature and extent of the violation as stipulated by law.

When performing bail, the entity taking bail has committed not to let the defendant violate obligations, which generates the responsibility of the agency, organization, or individual taking bail. Therefore, if the defendant violates the committed obligations, the agency, organization, or individual taking bail may be fined according to legal regulations.

The above are the consultations of the LAWNET regarding the preventive measure of bail for defendants. We hope these consultations can provide customers and members with useful information suitable for their needs.

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