What is surety? The amount of money placed as surety for the suspect or defendant in Vietnam

What is surety? The amount of money placed as surety for the suspect or defendant in Vietnam (Internet image)

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

1. What is surety?

According to Article 3 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC, the surety deposit is Vietnam Dong, legally owned by the suspect, defendant, relatives of the suspect, defendant, or the defendant's representative. The defendant is a person under 18 years old, a person with mental or physical weakness.

2. The amount of money placed as surety for the suspect or defendant in Vietnam

The surety deposit level according to Article 4 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC is as follows:

- The investigation agency, Procuracy, and Court decide the specific amount of money that the suspect or defendant must deposit as surety, 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 particularly serious crimes.

- The investigation agency, the Procuracy, and the Court can decide the amount of money that must be placed to secure a lower amount, but not less than one-half (1/2) of the corresponding amount stipulated in Clause 1, Article 4 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC in the following cases:

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

+ The suspect or defendant is a person under 18 years old, person with mental or physical weakness.

3. Regulations on management of surety deposits for suspects and defendants in Vietnam

Regulations on the management of surety deposits for suspects and defendants according to Article 5 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC are as follows:

- Deposit management agency to ensure:

+ Money placed as surety during the investigation and prosecution phases is managed in the custody account of the investigation agency competent to conduct proceedings for the case at the State Treasury;

+ Money placed as surety during the trial period is managed in the custody account of the People's Court that has first-instance jurisdiction at the State Treasury;

+ Money placed as surety according to the decision of the Military Investigation Agency, the Military Procuracy, and the Military Court is managed at the corresponding financial agency in the Army.

- The State Treasury and financial agencies in the Army are responsible for:

+ Receive and manage money placed as surety according to instructions in Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC and other relevant legal regulations;

+ Return money placed as surety for the suspect, defendant, person authorized by the suspect, defendant, relative of the suspect, defendant, or representative of the suspect or defendant who is under 18 years old, or people with mental or physical weaknesses according to the guidance of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC;

+ Closely coordinate with the decision-making agency to apply surety deposit measures and create favorable conditions for the delivery and receipt of surety deposits.

4. Principles of applying the method of depositing money as surety for suspects and defendants in Vietnam

Principles for applying the surety deposit method according to Article 2 of Joint Circular 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC are as follows:

- Complying with the Constitution, Criminal Procedure Code and other relevant laws.

- Fully complying with the order, procedures, and conditions for applying the surety deposit measure.

- The agency conducting the proceedings and the person conducting the proceedings must consider the effectiveness and feasibility of replacing the measure of temporary detention with the measure of placing surety.

- The temporary detention, refund, confiscation, and payment to the state budget of the amount set to ensure is carried out in accordance with the correct process and with close coordination between the agency conducting the proceedings and the person conducting proceedings with the State Treasury and financial agencies in the Army; ensures the right of suspects, defendants, and relatives of suspects and defendants to have their money returned when they have fully fulfilled their commitment obligations.

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