Event Reports

Developing non-conviction-based confiscation mechanism in Vietnam

On May 12th 2022, Konrad-Adenauer Stiftung Vietnam and Criminal and Administrative Legislation Department, Ministry of Justice jointly held the seminar on “Developing non-conviction-based confiscation mechanism in Vietnam”. Non-conviction recovery mechanisms can be considered as a breakthrough solution to enhance the efficiency and effectiveness of money and asset recovery. Nevertheless, property confiscation without criminal proceedings is a complex measure that affects property rights and requires synchronization with other mechanisms and institutions such as asset control, income control, transaction control, non-cash payment system and anti-money laundering.

In recent years, the work of asset recovery related to crime has been considered by the Government of Vietnam and identified as an important task in the fight against crime. Vietnam has been a state member of a number of international conventions such as the United Nations Convention against Corruption (UNCAC), the United Nations Convention against Transnational Organized Crime (UNTOC). The above international standard UNCAC, for example, states in Art. 54.1.c) that Parties shall "consider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases".

In Vietnam, the rate of asset recovery has progressed with the number and value of assets recovered gradually increasing year by year; however, asset recovery still faces many difficulties such as verifying, collecting evidence and proving the connection between assets and criminal acts.

The seminar was very timely and touched on an important topic. Through this seminar, Konrad Adenauer Stiftung and the Ministry of Justice provided forum to discuss the difficulties and problems that exist in asset recovery related to crime in Vietnam. The seminar’s aims were sharing knowledge and experiences on asset recovery between Germany and Vietnam. The seminar was also a place to discuss the limitation and inadequacies of Vietnam’s current asset recovery system, the advantages and challenges of Vietnam in building a property recovery mechanism without criminal proceedings.