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R. Alexander (2015)
The pursuit of criminal property
(2018)
Notice of Ministry of Public Security on the process of investigation the organization of gambling
(2016)
Report on assessment of 10-year implementing the Law on Prevention and Suppression of Corruption (bao cao tong ket 10 nam thuc hien luat PCTN)
(2013)
Confiscation orders
(2018)
The case of Huynh Thi Huyen Nhu
(2019)
General Secretary: the percentage of asset recovery from corruption reached to over 30%
(2018)
National Assembly removed the provision on handling the property which does not prove its legal origin from the law
(2017)
Big case: Pham Cong Danh, asset recovery was VND 5000 billions
D.B. Nguyen, C.K. Hoang (2021)
Asset recovery in corruption cases handled by the People’s Procuracies of Vietnam
S. Cassella (2013)
Civil asset recovery:: the american experience, 2013
(2014)
Disposal of confiscated assets in the EU member states: laws and practices
Louis Koker, J. Pretorius (1998)
Confiscation orders in terms of the proceeds of Crime Act: some constitutional perspectives, 1
(2019)
Asset recovery action plan
(2018)
The General Department of Civil Court Execution claimed that it is tough to recover assets in big cases
R. Stott (1999)
The World BankBMJ, 318
Kenneth Murray (2015)
Confiscation and forfeiture
(2017)
The amount of asset recovery in big cases was too little
C. Nguyen (2014)
International anti-money laundering standards and their implementation by Vietnam.
Do Huyen, V. Giao (2018)
Asset recovery in the fight against corruption in Vietnam: problems and perspectiveJindal Global Law Review, 9
(2016)
3 Banks which priced VND 0, in the past and now
(2018)
Report on prevention and supression of corruption at the provincial level in 2017 (PACA index 2017) (bao cao danh gia cong tac phong, chong tham nhung cap tinh 2017 (PACA index 2017))
(2016)
How did CB Bank lose over VND 9000 billions
(2013)
Super trick appropriated VND 719 billion of Kien Group
Johan Boucht (2019)
Asset confiscation in Europe – past, present, and future challengesJournal of Financial Crime
(2019)
Information Ministry chief inspector arrested in online gambling case
(2013)
Asset confiscation scheme
(2016)
Over VND 9000 billion in Huynh Thi Huyen Nhu case is impossible to recover
(2012)
High-risk and non-cooperative jurisdictions
(2020)
Global payments report
Ronald Pol (2018)
Uncomfortable truths? ML=BS and AML= BS2Journal of Financial Crime, 25
The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam.Design/methodology/approachThis is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime.FindingsVietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets.Research limitations/implicationsThis paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime.Originality/valueThis paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.
Journal of Money Laundering Control – Emerald Publishing
Published: Jul 31, 2021
Keywords: Vietnam; FATF; AML/CFT; Forfeiture; Asset confiscation; Proceeds of crime
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