Pilot measures for handling exhibits and assets in corruption cases in Vietnam

Pilot measures for handling exhibits and assets in corruption cases in Vietnam

Resolution 164/2024/QH15 prescribes the pilot measures for handling exhibits, assets that are seized, temporarily detained, inventoried, or frozen during the process of resolving criminal information, prosecution, investigation, and adjudication of cases under the supervision and direction of the Central Steering Committee on Anti-Corruption, Waste, and Negativity.

Exhibits and assets subject to handling as per Clause 3, Article 106 of the Criminal Procedure Code are not covered by Resolution 164/2024/QH15.

This resolution is applicable to the following entities:

- Agencies conducting procedures, individuals conducting procedures as prescribed by the Criminal Procedure Code;

- Participants in proceedings as prescribed by the Criminal Procedure Code;

- Other relevant agencies, organizations, and individuals.

According to Resolution 164/2024/QH15, the measures for handling exhibits, assets in corruption cases include:

- Measures to return money to victims or deposit money in banks pending resolution;

- Measures for paying a guarantee to cancel the seizure, temporary detention, inventory, freezing of exhibits, assets;

- Measures for buying, selling, transferring exhibits, assets and handling money obtained from buying, selling, transferring;

- Measures to deliver exhibits, assets to the owner, legal manager for management, exploration, usage;

- Measures for temporarily suspending transactions, halting the registration, transfer of ownership, usage rights of assets.

Note:

- Proceeds arising during the handling of exhibits, assets as prescribed by Resolution 164/2024/QH15 are handled according to court judgments, court decisions.

- Disputes over ownership rights of exhibits, assets that have been handled are resolved according to the provisions of civil procedure law.

Complaints and resolution of complaints regarding procedural actions, denunciations, and resolution of denunciations related to handling of exhibits, assets are carried out according to the legal provisions on criminal procedures.

In cases where damage is caused by applying measures to handle exhibits, assets, the State is responsible for compensating organizations, individuals whose assets are damaged. The agency deciding on the application of measures for handling exhibits, assets is responsible for settling compensation according to the laws on State liability and other relevant legal regulations.

More details can be found in Resolution 164/2024/QH15 effective from January 1, 2025.

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