Procedures for refunding bail money to suspects and defendants in Vietnam

Procedures for refunding bail money to suspects and defendants in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for refunding bail money to suspects and defendants in Vietnam

Procedures for returning security deposits of suspects and defendants according to Article 12 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC are as follows:

- Procedures for refunding bail money being managed by the State Treasury in the bail fund account are carried out as follows:

+ After receiving the decision on revocation of decision to grant monetary bail in the cases specified in Points a, c, d and dd, Clause 1, Article 10 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC, the person who receives the refunded bail money shall send an application for refund of bail money to the holder of bail fund account which is the investigation agency, the Procuracy (during the investigation and prosecution phase) or the People's Court of first instance (during the trial phase), accompanied by a 9-digit or 12-digit identity card, or passport and a decision on revocation of decision to grant monetary bail;

+ Within 3 working days of receiving the application and other relevant documents as prescribed in Point a of Clause 1 of Article 12 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC, the agency that is the bail fund account owner shall make an application for refund of bail money to the State Treasury and hand over the documents to the applicant to submit to the State Treasury to reclaim the bail money.

The application to be sent to the State Treasury includes:  a decision on revocation of the decision to grant monetary bail and 2 copies of withdrawal slip (according to the form of the Ministry of Finance on State budget accounting and State Treasury professional practices);

+ Based on the application, the State Treasury shall refund the bail money to ensure compliance with applicable laws;

+ After refunding the monetary bail, the State Treasury saves 1 copy of the withdrawal slip and transfers 1 copy of the withdrawal slip to the unit that opened the bail fund account.  The unit that opened the bail fund account shall review, summarize, and send it to the agency that made the decision on revocation of decision to grant monetary bail to ensure that this unit keeps it in the case file.

In case the case is in the investigation phase, after receiving 1 copy of the withdrawal slip, the Procuracy shall immediately transfer it to the investigation agency that is conducting proceedings on the case to keep it in the case file.

- Procedures for refunding bail money managed by competent financial agencies in the Army are as follows:

+ After the decision on revocation of decision on monetary bail in the cases specified in Points a, c, d and dd, Clause 1, Article 10 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC is made, the suspect or defendant, their authorized person, their relative, or their representative must send an application for refund of the bail money to the presiding agencies for the case;

+ Within 3 working days of receiving the application as prescribed in Point a of Clause 2 of Article 12 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC, the receiving agency must send a request for refund of the bail money to the financial agency in the Army.

The request sent to the financial agency in the Army includes:  the application of the suspect or defendant, their relative, or their representative if they are under 18 years old or have mental or physical defects; and the record of monetary bail payment as prescribed in Point b, Clause 2, Article 8 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC.

The request shall be delivered to the person who is refunded bail money according to the decision on revocation of decision to grant monetary bail for them to reclaim their bail money.

+ Based on the request, the financial agency in the Army shall carry out procedures for refund of the bail money to ensure compliance with applicable laws;

+ When refunding the bail money, the financial agency in the Army must make a record signed by the paying party and the receiving party. The record is made into 3 copies, the paying party keeps 1 copy, the receiving party keeps 1 copy, and 1 copy is sent to the agency that has made the decision on revocation of decision to grant monetary bail to keep it in the case file.

In case the case is in the investigation phase, after receiving the record of bail money refund to the suspect, the Procuracy shall immediately transfer it to the investigation agency that is conducting proceedings to keep it in the case file.

2. Amount of money that a suspect or defendant must post as bail in Vietnam

Amount of money that a suspect or defendant must post as bail in Vietnam according to Article 4 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC is as follows:

- The investigation agency, the Procuracy, and the Court shall decide the specific amount of money that a suspect or defendant must post as bail, but not less than:

+ Thirty million VND for less serious crimes;

+ One hundred million VND for serious crimes;

+ Two hundred million VND for very serious crimes;

+ Three hundred million VND for extremely serious crimes.

- The investigation agency, the Procuracy, and the Court may decide a lower monetary bail amount but not less than one-half (1/2) of the corresponding amount specified in Clause 1 of Article 4 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC in the following cases:

+ The suspect or defendant is a war invalid or sick soldier, a person who has been awarded the title of Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor or has been awarded a Medal of resistance, the title of Hero in the resistance war against the US to save the nation, is a biological child, legally adopted child of a martyr, a heroic Vietnamese mother, of a family awarded the "Family with meritorious service to the country" certificate;

+ The suspect or defendant is a person who is under 18 years old or has mental or physical defects.

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