The chief procurator of the Supreme People's Procuracy, Nguyen Huy Tien, presented to the National Assembly a draft resolution on piloting a mechanism to recover and handle assets linked to crimes without a criminal conviction.
On October 18, as the second session continued, Nguyen Huy Tien presented the draft. Under the submission, asset recovery in Vietnam currently must be based on a court judgment or decision issued when a criminal case is tried or resolved.
Asset recovery in economic and corruption cases has improved recently, with more money and property recovered than in previous years. The recovery rate remains low compared with the assets that should be recovered, recovery takes time, and some assets are lost or wasted.
One reason is that recovery is carried out only on the basis of an effective court judgment or decision. There is no mechanism to recover assets linked to crimes before a court judgment or decision takes legal effect.
The value of assets seized, frozen, confiscated or temporarily held to secure enforcement is lower than the money and property that must be recovered. Assets obtained through crime may have been transferred or hidden, while the law does not specify measures to trace assets whose origins have been concealed.
The Supreme People's Procuracy proposed piloting the mechanism through a lawsuit or a request to resolve a civil case. The People's Court would decide on the recovery and handling of assets linked to crimes without a criminal conviction.
The draft would apply to money laundering, crimes against economic management, corruption, other crimes involving official duties and other specified offenses. It would operate independently of criminal prosecution procedures and would not apply when a commercial legal entity commits an offense.
The resolution is expected to take effect on March 1, 2027, and remain in force for two years. It would not apply to criminal acts committed before 00:00 on March 1, 2027.
Two-year pilot receives support
Presenting the review report, Phan Chi Hieu, chairman of the National Assembly's Committee on Law and Justice, said the committee agreed that the resolution was necessary.
The measure is intended to put the Party's policy into law, meet Vietnam's international commitments, and address the country's practice of recovering assets lost or taken in criminal cases.
The reviewing body assessed the draft as constitutional and lawful, consistent with the legal system and international treaties, and compatible with national defense and security requirements.
It also supported the proposed two-year term because it follows the conclusion of the competent authorities.
The Supreme People's Procuracy said that from 2021 to 2025, more than VND 74.769 trillion in corruption, official-duty and related economic cases had been subject to security measures for recovery.
Civil judgment enforcement recovered more than VND 109.626 trillion in 28,636 cases. Some corruption and economic cases achieved high recovery rates, including one involving Tan Hoang Minh Co., Ltd., in which 100% was recovered.
Sources: Thanh Niên
