Joint Circular No. 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC detailing the procedures, formalities, amount of money to be deposited, temporary detention, return, confiscation, and submission to the state budget of the amount of money already deposited as security.

JOINT CIRCULAR
Detailed regulations on the procedures, formalities, amount of money deposited, temporary detention, return, confiscation, and submission to the state budget of the amount of money already deposited for guarantee.

Pursuant to the Criminal Procedure Code 2015;

The Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Procurator General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue detailed regulations on the procedures, formalities, amount of money deposited, temporary detention, return, confiscation, and submission to the state budget of the amount of money already deposited for guarantee as stipulated in Article 122 of the Criminal Procedure Code 2015.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular provides detailed regulations on the procedures, formalities, amount of money deposited, temporary detention, return, confiscation, and submission to the state budget of the amount of money already deposited for guarantee as stipulated in Article 122 of the Criminal Procedure Code.

2. This Circular applies to suspects and defendants who are under temporary detention, relatives of suspects and defendants who are under temporary detention, investigative agencies, prosecutors, detention facilities, and other relevant agencies, organizations, and individuals.

Article 2. Principles for applying the measure of depositing money for guarantee

1. Compliance with the Constitution, the Criminal Procedure Code, and other related laws.

2. Strict adherence to the procedures, formalities, and conditions for applying the measure of depositing money for guarantee.

3. Investigative agencies and prosecutors must consider the effectiveness and feasibility of replacing temporary detention with the measure of depositing money for guarantee.

4. The temporary detention, return, confiscation, and submission to the state budget of the amount of money already deposited for guarantee shall be carried out according to the prescribed procedures and closely coordinated between investigative agencies, prosecutors, the State Treasury, and financial agencies within the Military; ensuring the right to have the money returned to suspects, defendants, and their relatives when they have fulfilled all obligations undertaken.

Article 3. Money Deposited for Guarantee

Money deposited for guarantee is Vietnamese dong, legally owned by suspects, defendants, relatives of suspects and defendants, or representatives of suspects and defendants who are under 18 years old, or persons with mental or physical disabilities.

Article 4. Amount of Money Deposited for Guarantee

1. Investigative agencies, the Procuracy, and the Court decide on the specific amount of money that suspects and defendants must deposit for guarantee, but not less than:

a) Thirty million Vietnamese dong for minor offenses;

b) One hundred million Vietnamese dong for serious offenses;

c) Two hundred million Vietnamese dong for very serious offenses;

d) Three hundred million Vietnamese dong for extremely serious offenses.

2. Investigative agencies, the Procuracy, and the Court may decide on a lower amount of money to be deposited for guarantee, but not less than half (1/2) of the corresponding amount specified in Clause 1 of this Article in the following cases:

a) Suspects and defendants are war invalids, disabled veterans, recipients of the title Heroic Soldiers of the People's Armed Forces, Heroic Laborers, People's Teachers, People's Doctors, or recipients of Orders, Medals of Resistance, and titles of Brave Soldiers in the War against America to Save the Nation, children born or legally adopted by martyrs, mothers of Vietnam's heroic soldiers, or members of families awarded the "Family with Merit to the Country" certificate;

b) Suspects and defendants are under 18 years old, or persons with mental or physical disabilities.

Article 5. Management of money placed as security

1. Authorities managing money placed as security:

a) Money placed as security during the investigation and prosecution phase shall be managed in the temporary holding account of the competent investigative authority at the State Treasury;

b) Money placed as security during the trial phase shall be managed in the temporary holding account of the People's Court with jurisdiction over the first-instance trial at the State Treasury;

c) Money placed as security pursuant to the decision of the investigative authority in the military, Military Procuracy, Military Court shall be managed at the corresponding financial agency within the Military.

2. The State Treasury and the financial agencies within the Military shall have the responsibility:

a) To receive and manage money placed as security according to the guidance provided in this Joint Circular and other relevant laws;

b) To return money placed as security to the accused, defendant, persons authorized by the accused or defendant, close relatives of the accused or defendant, or representatives of the accused or defendant under 18 years old, or those with mental or physical disabilities, in accordance with the guidance provided in this Joint Circular;

c) To closely coordinate with the authority issuing the decision on applying the measure of placing money as security and facilitate the transfer of money placed as security.

Chapter II
PROCEDURE AND PROCEDURAL REQUIREMENTS FOR APPLYING THE MEASURE OF PLACING MONEY AS SECURITY

Article 6. Request for placing money as security

1. The accused, defendant, close relatives of the accused or defendant, or representatives of the accused or defendant under 18 years old, or those with mental or physical disabilities, have the right to request in writing from the judicial authority handling the case regarding the application of the measure of placing money as security against the accused or defendant, except in cases stipulated in Clause 2 of Article 7 of this Joint Circular.

2. Requests from the accused or defendant shall be sent through the detention facility or directly to the judicial authority handling the case. Within one working day from the date of receipt of the request from the accused or defendant, the detention facility shall be responsible for transferring it to the judicial authority handling the case.

3. Requests from close relatives or representatives of the accused or defendant shall be sent directly to the judicial authority handling the case.

Article 7. Notification on granting permission to place money as security

1. Within three working days from the date of receipt of the request and related documents, the judicial authority handling the case shall examine and, if it finds that there are sufficient conditions to apply the measure of placing money as security as prescribed in Clause 2 of this Article, issue a Notification to the accused, defendant, close relatives, or representatives of the accused or defendant according to Model No. 04 issued together with this Joint Circular to proceed with the procedures for placing money as security. In cases where it finds that there are insufficient conditions to apply the measure of placing money as security against the accused or defendant, it must notify the requester in writing of the reasons.

2. Based on the nature and degree of danger to society of the criminal act, the property status, personal circumstances of the accused or defendant; the accused or defendant having a clear residence, committing the crime for the first time, reporting accomplices, having mitigating circumstances (such as self-confession, voluntary surrender, frank confession, meritorious service, actively cooperating with responsible agencies in discovering crimes or during the case resolution process, sincere repentance, voluntarily repairing or compensating for losses...); allowing the accused or defendant to remain outside custody not causing difficulties for investigation, prosecution, trial, enforcement of judgment, the judicial authority may decide to apply the measure of placing money as security, except in the following cases:

a) The accused or defendant uses cunning methods, commits organized crimes, has a professional nature, intentionally causes particularly serious consequences;

b) The accused or defendant is the mastermind, leader, commander, stubbornly opposes, thug, recidivist, dangerous recidivist;

c) Is temporarily detained upon arrest warrant or arrest decision;

d) Commits multiple offenses;

đ) Commits offenses repeatedly.

Article 8. Implementation of depositing money as security

1. Within three working days from the date of receiving the Notice on permission to deposit money as security, the person authorized by the defendant, the close relative of the defendant, or the representative of the defendant under eighteen years old, or the person with mental or physical disabilities must complete the depositing process.

In case of objective obstacles or force majeure preventing the timely completion of the depositing process, the deadline will be recalculated from the time when such obstacles or force majeure no longer exist.

2. The process of depositing money as security shall be carried out as follows:

a) In case of depositing money at the State Treasury, the person authorized by the defendant, the close relative of the defendant, or the representative of the defendant under eighteen years old, or the person with mental or physical disabilities shall bring the Notice on permission to deposit money as security for the State Treasury to check and complete the procedures for depositing money into the temporary holding account of the Investigative Agency or the People's Court having jurisdiction over the first-instance trial. The depositor shall prepare three copies of the Deposit Receipt into Account (according to the model guided by the Ministry of Finance for state accounting applied to the Budget Management Information System). Among them, one copy of the Deposit Receipt into Account is kept to report the credit to the account holder, one copy of the Deposit Receipt into Account is returned to the depositor. The temporary holding account holder is responsible for compiling the list of parties who have deposited money as security and sending it to the agency that issued the Notice on depositing money as security.

After completing the depositing procedures, the State Treasury retains one copy of the Deposit Receipt into Account, returns one copy of the Deposit Receipt into Account along with the Notice on depositing money as security to the depositor, and sends one copy of the Deposit Receipt into Account to the temporary holding account holder to report the credit.

b) In case of depositing money at a financial agency within the Military, the agency receiving the money shall be responsible for preparing a receipt for the payment, signed by both the payer and the receiver.

The receipt shall be prepared in three copies, one of which is handed over to the representative of the agency issuing the Notice on permission to deposit money as security, one is given to the depositor, and one is retained by the financial agency that prepared the receipt.

Article 9. Decision on applying the measure of depositing money as security

1. During the criminal investigation phase:

Within two working days from the date of receiving the Deposit Receipt into the temporary holding account or the record of money deposit as stipulated in Article 8 of this Joint Circular, the Investigative Agency conducting the prosecution shall issue a decision on applying the measure of depositing money as security against the suspect according to Model No. 05 attached to this Joint Circular and send it to the same-level Procuratorate for approval. Within two working days from the date of receiving the decision on applying the measure of depositing money as security, the request for approval, and related files and documents from the Investigative Agency, the Procuratorate must decide to approve or not approve the decision on applying the measure of depositing money as security.

When approving the decision on applying the measure of depositing money as security, the Procuratorate must decide to replace the preventive measure (cancel the temporary detention measure, replace it with the measure of depositing money as security). The responsibility for delivering the approval decision to the detention facility belongs to the Investigative Agency.

2. During the prosecution and trial phases:

Within two working days from the date of receiving the Deposit Receipt into the temporary holding account or the record of money deposit as stipulated in Article 8 of this Joint Circular, the Procuratorate must issue a decision on applying the measure of depositing money as security according to Model No. 06 attached to this Joint Circular, and the Court must issue a decision on applying the measure of depositing money as security according to Model No. 07 attached to this Joint Circular.

When issuing a decision on applying the measure of depositing money as security, the Procuratorate and the Court must decide to replace the preventive measure (cancel the temporary detention measure, replace it with the measure of depositing money as security) and immediately deliver that decision to the detention facility where the suspect or defendant is being held for execution.

3. The decision on applying the measure of depositing money as security, and the Procuratorate's decision to approve or not approve the decision on applying the measure of depositing money as security must be delivered to the suspect, defendant, the person authorized by the suspect or defendant, the close relative of the suspect or defendant, or the representative of the suspect or defendant under eighteen years old, or the person with mental or physical disabilities, while also sending it to the agency that is the holder of the temporary holding account and the detention facility where the suspect or defendant is being held.

4. The period for depositing money is calculated based on the investigation, prosecution, and trial periods. For those sentenced to imprisonment, the deposit period ends when they begin serving their sentence. In cases of extending the investigation, prosecution, or trial periods, or postponing the execution of the imprisonment sentence, the deposit period for security is calculated based on the extended investigation, prosecution, or trial periods, or the postponed execution of the imprisonment sentence.

Chapter III
CANCELING THE APPLICATION OF THE MEASURE OF DEPOSITING MONEY AS SECURITY AND HANDLING THE DEPOSITED MONEY FOR SECURITY

Article 10. Cancellation of the application of the deposit guarantee measure

1. The cancellation of the application of the deposit guarantee measure shall be carried out in the following cases:

a) When there is a decision to suspend investigation, terminate the case; suspend investigation against the suspect, terminate the case against the suspect;

b) The suspect, defendant is arrested temporarily for a crime committed before the application of the deposit guarantee measure or continues to commit a crime;

c) The suspect, defendant dies;

d) The suspect, defendant has fully performed the obligations they have undertaken;

đ) The defendant is acquitted by the Court, exempted from criminal responsibility, exempted from punishment, or the punishment is not imprisonment or suspended imprisonment, or when the term of imprisonment is equal to or shorter than the period of temporary detention;

e) The suspect, defendant violates the obligations they have undertaken as stipulated in Clause 2, Article 122 of the Criminal Procedure Code.

2. The cancellation of the decision to apply the deposit guarantee measure shall be implemented as follows:

a) For the cases specified in Points a, b, and c of Clause 1 of this Article, if the case is at the prosecution or trial stage, the Public Prosecutor's Office or the Court shall issue a decision to cancel; if the case is at the investigation stage, the Investigation Agency shall propose the Public Prosecutor's Office to cancel the decision to apply the deposit guarantee measure;

b) For the case specified in Point d of Clause 1 of this Article, after the judgment becomes legally effective, the President of the Court that tried the case at first instance shall issue a decision to cancel the decision to apply the deposit guarantee measure;

c) For the case specified in Point đ of Clause 1 of this Article, together with issuing the judgment, the Bench shall issue a decision to cancel the decision to apply the deposit guarantee measure;

d) For the case specified in Point e of Clause 1 of this Article, if the case is at the prosecution or trial stage, the Public Prosecutor's Office or the Court shall issue a decision to cancel and issue an arrest warrant to temporarily detain the suspect, defendant; if the case is at the investigation stage, the Investigation Agency shall propose the Public Prosecutor's Office to issue a decision to cancel and issue an arrest warrant to temporarily detain the suspect;

đ) For the case where the suspect, defendant flees, if the case is at the prosecution or trial stage, the Public Prosecutor's Office or the Court shall issue a decision to cancel and simultaneously request the Investigation Agency to issue an arrest warrant for the suspect, defendant; if the case is at the investigation stage, the Investigation Agency shall propose the Public Prosecutor's Office to issue a decision to cancel and simultaneously the Investigation Agency shall issue a decision to arrest the suspect;

3. The decision to cancel the decision to apply the deposit guarantee measure must clearly state the handling of the money deposited as a guarantee and must be delivered to the suspect, defendant, the person authorized by the suspect, defendant, the relatives of the suspect, defendant, or the representative of the suspect, defendant under 18 years old, or with mental or physical disabilities, and at the same time sent to the agency managing the temporary account and the State Treasury or the financial agency in the Military currently managing the money deposited as a guarantee.

Article 11. Handling of money deposited as a guarantee in cases of cancellation of the application of the deposit guarantee measure

1. For the cases specified in Points a, c, d, and đ of Clause 1 of Article 10 of this Joint Circular, the money deposited as a guarantee shall be returned to the suspect, defendant, the relatives of the suspect, defendant, or the representative of the suspect, defendant under 18 years old, or with mental or physical disabilities who are the owners of the money according to the commitment when requesting to deposit money as a guarantee. In the event of the death of the suspect, defendant, their relatives, or their representatives under 18 years old, or with mental or physical disabilities, the money deposited as a guarantee shall be handled according to the current laws on inheritance.

2. For the cases specified in Points b and e of Clause 1 of Article 10 of this Joint Circular, the money deposited as a guarantee shall be confiscated and paid into the State budget.

Article 12. Procedure for Returning Money Placed as Security

1. The procedure for returning money placed as security, which is currently managed by the State Treasury at the temporary account, shall be carried out as follows:

a) After receiving the decision to revoke the decision on applying the measure of placing money as security in cases stipulated in points a, c, d, and đ of Clause 1, Article 10 of this Joint Circular, the person entitled to have the money returned must submit to the temporary account holder, which is the Investigative Agency, the Prosecution Office (during the investigation and prosecution stage) or the People's Court at first instance (during the trial stage), a request for returning the money placed as security along with a copy of their identity card, citizen identification card, or passport and the decision revoking the decision on applying the measure of placing money as security;

b) Within three working days from the date of receipt of the request and other related documents as prescribed in point a of this clause, the agency that is the temporary account holder shall be responsible for preparing the file requesting the State Treasury to return the money placed as security and hand over the file to the requester to submit to the State Treasury for the procedure of reclaiming the money;

The file submitted to the State Treasury includes: the decision revoking the decision on applying the measure of placing money as security and two copies of the Cash Withdrawal Form from the deposit account (according to the model guided by the Ministry of Finance for the state budget accounting system and the treasury operations);

c) Based on the request file, the State Treasury shall carry out the procedure for returning the money placed as security in accordance with current laws;

d) After returning the money placed as security, the State Treasury retains one copy of the Cash Withdrawal Form from the deposit account and transfers one copy of the Cash Withdrawal Form from the deposit account to the unit opening the temporary account. The unit opening the temporary account will review, compile, and send it to the agency issuing the decision to revoke the decision on applying the measure of placing money as security for the unit to keep in the case file.

In the event that the case is still under investigation, upon receipt of one copy of the Cash Withdrawal Form from the deposit account, the Prosecution Office immediately transfers it to the Investigative Agency conducting the proceedings against the case for retention in the file.

2. The procedure for returning money placed as security, which is currently managed by the competent financial authority in the Military, shall be carried out as follows:

a) After having the decision to revoke the decision on applying the measure of placing money as security in cases stipulated in points a, c, d, and đ of Clause 1, Article 10 of this Joint Circular, the defendant, the accused, or their authorized representative, close relatives of the defendant or the accused, or their legal representatives must submit a written request to the agency conducting the proceedings against the case to prepare a file requesting the return of the money placed as security;

b) Within three working days from the date of receipt of the request as prescribed in point a of this clause, the agency receiving the request must prepare a file requesting the Military financial authority to return the money placed as security;

The file submitted to the Military financial authority includes: the written request for preparation of the file by the defendant, the accused, or their authorized representative, close relatives of the defendant or the accused, or their legal representatives if they are under 18 years old, or have mental or physical disabilities; the decision revoking the decision on applying the measure of placing money as security and the Record of Deposit of Money Placed as Security as stipulated in point b of Clause 2, Article 8 of this Joint Circular;

The request file is handed over to the person entitled to have the money returned according to the decision revoking the decision on applying the measure of placing money as security to proceed with the procedure for reclaiming the money;

c) Based on the request file, the Military financial authority shall carry out the procedure for returning the money placed as security in accordance with current laws;

d) When returning the money placed as security, the Military financial authority must prepare a record with signatures of both the payer and the recipient. The record is prepared in three copies, one copy retained by the payer, one copy retained by the recipient, and one copy sent to the agency issuing the decision to revoke the decision on applying the measure of placing money as security for retention in the case file.

In the event that the case is still under investigation, upon receipt of the record of returning the money to the defendant, the Prosecution Office immediately transfers it to the Investigative Agency conducting the proceedings against the case for retention in the file.

Article 13. Confiscation and Submission to the State Budget of Money Placed as Security

The procedures for confiscation and submission to the state budget of money placed as security shall be carried out in accordance with the provisions of current laws regarding the confiscation and transfer to the state treasury of evidence in criminal cases.

Article 14. Forms of Documents Related to the Application and Revocation of the Measure of Placing Money as Security

Attached hereto are the following forms of documents:

1. Request Form for Placing Money as Security (Form No. 01, 02).

2. Power of Attorney (Form No. 03).

3. Notification on Approval of Placing Money as Security (Form No. 04).

4. Decision on Application of the Measure of Placing Money as Security for Investigative Agencies, Public Prosecution Service, and Courts (Form No. 05, 06, 07).

5. Decision Approving the Decision on Application of the Measure of Placing Money as Security (Form No. 08).

6. Decision Refusing to Approve the Decision on Application of the Measure of Placing Money as Security (Form No. 09).

7. Record of Placing Money as Security (Form No. 10).

8. Decision Revoking the Decision on Application of the Measure of Placing Money as Security (Form No. 11).

9. Record of Returning Money Placed as Security (Form No. 12).

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from September 20, 2018, and replaces Circular Jointly Issued No. 17/2013/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC dated November 14, 2013, guiding the placement of money as security under Article 93 of the Criminal Procedure Code 2003.

Article 16. Responsibility for Implementation

1. Relevant agencies and units of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy, and Supreme People's Court are responsible for implementing and organizing the guidance provided in this Circular Jointly Issued.

2. In the course of implementing this Circular Jointly Issued, if there are any difficulties, relevant agencies and units should report them to the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Supreme People's Procuracy, and Supreme People's Court for timely guidance.