Seminar "Developing non-conviction-based confiscation mechanism in Vietnam" - Văn phòng Foundation Việt Nam
Hội thảo
Chi tiết
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.
chương trình
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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