New directive on recovering lost and misappropriated assets in corruption and economic cases

Comrade Vo Van Thuong - Politburo member, Standing member of the Secretariat signed and issued Directive No. 04-CT/TW (dated June 2) of the Secretariat on strengthening the Party's leadership in the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes.

The contents of the Directive are as follows:

In recent times, Party committees and organizations at all levels have paid attention to leading, directing, and creating positive changes in the work of recovering corrupt assets and lost and misappropriated assets in criminal cases of corruption and economic crimes. The law on recovering corrupt assets has been gradually improved; the organization of civil judgment enforcement agencies at all levels has been consolidated and improved; the process of inspection, auditing, investigation, prosecution, trial, and enforcement of judgments on recovering lost and misappropriated assets in criminal cases of corruption and economic crimes has been directed, handled more promptly and effectively; the rate of recovering lost and misappropriated assets has been increased, contributing significantly to the overall results of the fight against corruption.

However, the awareness and responsibility of some Party committees and organizations regarding the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes are still limited. Mechanisms, policies and laws in this work are still inadequate. The capacity and qualities of a number of officials working in civil judgment enforcement have not met the requirements and tasks; coordination between functional agencies and judgment enforcement agencies is sometimes not tight and effective; international cooperation in recovering corrupt assets that have been dispersed abroad is still difficult and problematic; the recovery rate of lost and misappropriated assets is still low...

To improve efficiency and create strong changes in the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes, and actively contribute to the fight against corruption according to the Resolution of the 13th National Party Congress, the Secretariat requests Party committees and organizations at all levels to perform well the following tasks and solutions:

1. Raise awareness and responsibility of Party committees, Party organizations, and leaders at all levels regarding the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes; identify this as an important and continuous task in the process of implementing anti-corruption work. Continue to innovate, promote propaganda, dissemination, and effectively organize the recovery of corrupt assets. Heads of Party committees, Party organizations, localities, agencies, and units must directly lead, direct, and be responsible for the recovery of corrupt assets in their agencies, units, and localities.

2. Review, amend, supplement, develop and perfect the mechanism, policies and laws on the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes, especially the regulations on the order and procedures for the recovery of lost and misappropriated assets; the mechanism for the recovery of lost and misappropriated assets without conviction; the mechanism for handling seized and frozen assets; promptly overcome shortcomings and difficulties in the seizure of assets, freezing of accounts, valuation, auctioning of assets, establishment, dissolution and bankruptcy of enterprises. Research, review, amend and supplement the laws on inspection, auditing, criminal proceedings, civil judgment enforcement and related legal provisions in the direction of supplementing the authority of inspectors and auditors to apply measures to prevent the dissipation of assets when detecting signs of corruption and economic crimes; Clearly define the responsibilities of each entity in tracing, searching, seizing assets, and freezing accounts right from the inspection, audit, investigation, prosecution, and trial stages. Complete the criminal judicial assistance mechanism to effectively detect and handle assets obtained from crimes abroad. Urgently complete the national database on land; legal regulations on non-cash payments; research and build databases in the fields of real estate, banking, capital contribution and share transfer to strictly control assets, limit the dissipation, concealment, and legalization of assets obtained from crimes, and facilitate the recovery of corrupt assets.

3. Enhance the responsibility and effectiveness of coordination among competent authorities in the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes; clearly define the roles and responsibilities of inspection, auditing, and prosecution agencies, civil judgment enforcement agencies, and civil judgment enforcement steering committees at all levels; promptly apply measures to seize, temporarily detain, and freeze assets and land, and freeze accounts during the process of inspection, auditing, investigation, prosecution, and trial. Courts at all levels strictly implement legal provisions on the transfer of judgments and documents related to seized and frozen assets; promptly correct and explain judgments and recommendations of competent civil judgment enforcement agencies. The civil enforcement agency shall promptly handle according to law the assets that have been seized, frozen, or temporarily detained during the investigation, prosecution, and trial, and at the same time actively verify, search for, and handle assets during the enforcement phase.

Strengthen and improve the quality of operations of civil judgment enforcement steering committees at all levels in the work of recovering lost and misappropriated assets, especially directing the removal of difficulties and obstacles in the work of civil judgment enforcement and recovery of corrupt assets; directing competent authorities to closely coordinate with credit institutions, property and land management agencies and relevant agencies to provide complete and accurate information on accounts, assets and land at the request of competent authorities, promptly apply measures to temporarily detain, seize, freeze and handle lost and misappropriated assets during civil proceedings and judgment enforcement.

4. Strengthen inspection, supervision, and control of the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes; promptly detect and overcome shortcomings and limitations, remove difficulties and obstacles, and strictly handle violations and negative aspects in the recovery of assets. The National Assembly, the People's Council, the Vietnam Fatherland Front, and organizations should strengthen supervision of the recovery of lost and misappropriated assets in criminal cases of corruption and economic crimes; have mechanisms to effectively promote the people's supervisory role, and encourage people to report and denounce unaccounted assets and violations in the recovery of corrupt assets.

5. Continue to consolidate and improve the organizational structure, staff and civil servants of investigation, prosecution, trial and enforcement agencies, ensuring sufficient quantity, strong professional expertise, good moral qualities, strong political will, true integrity, effective and efficient operations, meeting the requirements of corruption prevention and control and recovery of corrupt assets in the current period.

6. Strengthen international cooperation in recovering corrupt assets; proactively coordinate with international organizations and competent authorities abroad to verify, track down and handle assets obtained from crimes that are abroad. Promote participation and signing of criminal judicial assistance agreements between Vietnam and other countries, creating a legal basis and coordination mechanism in preventing and combating corruption involving foreign elements.

7. Provincial Party Committees, City Party Committees, Party Committees, Party Executive Committees, Party Delegations, and Party Committees directly under the Central Committee shall organize the dissemination, understanding, and development of programs and plans to implement this Directive.

The Party Committee of the Ministry of Justice shall preside over and coordinate with the Central Committee for Internal Affairs, Party committees, Party organizations, relevant agencies and organizations to monitor, inspect and urge the implementation of the Directive, and periodically report the implementation results to the Secretariat and the Central Steering Committee on anti-corruption.

This directive is disseminated to the Party cell.