Seminar

Seminar "Developing non-conviction-based confiscation mechanism in Vietnam"

Co-organized by Konrad-Adenauer-Stiftung Vietnam and Ministry of Justice

Details

Over the years, the recovery of assets related to crime has always been considered as one of the most important tasks of Vietnam government in fighting crimes. Therefore, the government has had some achievements in this field; the quantity of recovered assets has increased through years. However, the asset recovery still faces many difficulties and challenges, the amount of recovered assets compared to lost assets hasn’t meet the requirement of government. To date, traditional criminal procedure asset confiscation measures have not solved money laundering, corruption, etc.., and need a new solution for these matters.

Non-conviction asset recovery mechanisms can be considered as a breakthrough solution to enhance the efficiency and effectiveness of money and asset recovery. However, property confiscation without conviction is a complex and sensitive measure because: i) may affect some human and civil rights; ii) related to the functions and tasks of many agencies and organizations; iii) requires synchronization with other mechanisms and institutions such as asset control, income control, transaction control, non-cash payment system, and anti-money laundering. Therefore, in order to have a proposal suitable for Vietnam, it is necessary to research and evaluate thoroughly both in theory and practice, comprehensively evaluate the law, organizational structure, functions and resources.

The seminar will focus on the following main topics:

- Vietnam's current law on property confiscation, limitations, shortcomings and suggestions for improvement to strengthen asset recovery

- The necessity and significance of the non-conviction-based asset recovery mechanism in the current context of Vietnam and the experience of some countries on the non-conviction-based asset recovery mechanism

- Introduction of non-conviction-based asset confiscation regulations in some countries.

- Assessing the possibility of the non-conviction-based assets confiscation mechanism in the context of Vietnam from the perspective of human rights, especially the issue of property rights

- Current civil procedure on property lawsuit, difficulties and limitations; recommendations on non-conviction-based property recovery according to civil procedures.

- The issue of property confiscation related to crime through inspection activities and recommendations to strengthen asset recovery

- Ability to confiscate assets of blacklisted entities by controlling suspicious transactions; and assessing the feasibility of this mechanism

- Study the possibility of asset confiscation through asset and income control activities of officials and public employees and evaluate the feasibility of this mechanism.

Programm

08:00 – 8:30 Registration

08:40 – 9:00 OPENING REMARKS

Mr. Mai Luong Khoi

Vice Minister

Ministry of Justice of Vietnam

Mr. Florian Feyerabend

Resident Representative

Konrad-Adenauer-Stiftung Vietnam

09:00 – 11:45 MORNING SESSION

Moderator

Mr. Mai Luong Khoi, Vice Minister, Ministry of Justice of Vietnam

Mr. Florian Feyerabend, Resident Representative, Konrad-Adenauer-Stiftung Vietnam

Ms. Nguyen Thi Hanh, Director of Criminal and Administrative Legislation Department, Ministry of Justice of Vietnam

 

09:00 – 09:20 Vietnam's current law on property confiscation, limitations, shortcomings and suggestions for improvement to strengthen asset recovery

Mr. Nguyen Nhu Chien

Deputy Director of Department of Management and professional direction of enforcement of civil, money, property and material evidences in criminal and administrative judgments and decisions and decisions on handling of competition cases related to property. General Department of Criminal Judgment Execution, Ministry of Justice

09:20– 09:40 The experience of some countries on the non-conviction based asset recovery mechanism

Ms. Le Thi Van Anh

Deputy Director, Criminal and Administrative legislation Department, Ministry of Justice

09:40 – 10:00 DISCUSSION

10:00 – 10:10 Tea break

10:10 – 10:30 Assessing the possibility of the non conviction based assets confiscation mechanism in the context of Vietnam from the perspective of human rights, especially the issue of property rights

Prof. Dr. Vu Cong Giao

Head of the Department of Constitutional Law and Administrative Law, Faculty of Law, VNU

10:30 – 11:00 Study the possibility of asset confiscation through asset and income control activities of officials and public employees and evaluate the feasibility of this mechanism

Mr. Nguyen Ha Thanh

Vice Director of Department of Law, Central Internal Affairs Commission, Communist Party of Vietnam

11:00 – 11:30 DISCUSSION

11:30 – 11:45 SUMMARIZE MORNING SESSION

Ms. Nguyen Thi Hanh

Acting Director of Criminal and Administrative Legislation Department, Ministry of Justice of Vietnam

13:15 – 17:00 AFTERNOON SESSION

13:15 – 13:45 Ability to confiscate assets of blacklisted entities by controlling suspicious transactions; and assessing the feasibility of this mechanism

Ms. Nguyen Thi Thuy Ngoc

Anti-Money Laundering Specialist, Former Deputy Director of Anti-Money Laundering Department, State Bank

13:45 – 14:15 Current civil procedure on property lawsuit, difficulties and limitations; recommendations on non-conviction based property recovery according to civil procedures

Ms. Phan Thi Thu Ha

Head of civil division, Institute of trial science, Supreme Court

14:15 – 14:45 DISCUSSION

14:45 – 15:00 Tea break

15:00 – 15:30 German experiences with non-conviction-based confiscation mechanisms

Mr. Christian Breuer

Judge

Higher District Court of Braunschweig

Federal Republic of Germany

15:30 – 16:45 DISCUSSION

16:45 – 17:00 CONCLUSION

Ms.  Nguyen Thi Hanh

Acting Director of Criminal and Administrative Legislation Department, Ministry of Justice of Vietnam

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