Chương I Thông tư liên tịch 06/2018/TTLT-BCA-BQP-BTC-VKSNDTC-TANDTC thủ tục thu nộp ngân sách: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Joint Circular elaborates on procedures, monetary bail amounts, temporary holding, refund, forfeiture, and transfer to state budget of bail money as prescribed in Article 122 of the Criminal Procedure Code.

2. This Joint Circular applies to suspects and defendants in detention, relatives of suspects and defendants in detention, presiding agencies, presiding officers, detention centers, and other relevant agencies, organizations and individuals.

Article 2. Principles of granting monetary bail

1. Comply with the Constitution, Criminal Procedure Code, and other relevant laws.

2. Fully comply with the procedures and conditions for granting monetary bail.

3. The presiding agencies and presiding officers must consider the effectiveness and feasibility of replacing the detention with monetary bail.

4. The temporary holding, refund, forfeiture, and transfer to the state budget of bail money are carried out in accordance with the proper process and with close coordination between presiding agencies and presiding officers with the State Treasury and financial agencies in the Army; provided that suspects/defendants, and relatives of suspects/defendants may have their bail money refunded when they have fully fulfilled their commitment obligations.

Article 3. Bail money

The bail money is Vietnamese Dong, legally owned by suspects or defendants, their relatives, or their representatives if they are under 18 years old or have mental or physical defects.

Article 4. Monetary bail amounts

1. The investigation agency, the Procuracy, and the Court shall decide the specific amount of money that a suspect or defendant must post as bail, but not less than:

a) Thirty million VND for less serious crimes;

b) One hundred million VND for serious crimes;

c) Two hundred million VND for very serious crimes;

d) Three hundred million VND for extremely serious crimes.

2. The investigation agency, the Procuracy, and the Court may decide a lower monetary bail amount but not less than one-half (1/2) of the corresponding amount specified in Clause 1 of this Article in the following cases:

a) The suspect or defendant is a war invalid or sick soldier, a person who has been awarded the title of Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor or has been awarded a Medal of resistance, the title of Hero in the resistance war against the US to save the nation, is a biological child, legally adopted child of a martyr, a heroic Vietnamese mother, of a family awarded the "Family with meritorious service to the country" certificate;

b) The suspect or defendant is a person who is under 18 years old or has mental or physical defects.

Article 5. Management of bail money

1. Bail money regulator:

a) Bail money during the investigation and prosecution phase of a case is managed in the bail fund account of the investigation agency that is authorized to conduct proceedings for that case at the State Treasury;

b) Bail money during the trial phase of a case is managed in the bail fund account of the People's Court with first instance jurisdiction at the State Treasury;

c) Bail money according to the decision of the Military Investigation Agency, Military Procuracy, Military Court is managed at the corresponding financial agency in the Army.

2. The State Treasury and financial agencies in the Army shall:

a) Receive and manage bail money according to the instructions in this Joint Circular and other relevant legal regulations;

b) Refund the bail money to suspects or defendants, their relatives, or their representatives if they are under 18 years old or have mental or physical defects according to the instructions of this Joint Circular;

c) Closely coordinate with the agency that grants monetary bail to facilitate the handover and receipt of bail money.