IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v18y2025i1p97-122n1004.html
   My bibliography  Save this article

Asset Recovery via Non-Conviction based Forfeiture: Rationale for Regulation and Recommendations for Implementation in Vietnam

Author

Listed:
  • Vu Cao Minh

    (PhD in Law, University of Economics and Law, Ho Chi Minh City, Vietnam and Vietnam National University, Ho Chi Minh City, Vietnam)

  • Cao Thi Ngoc Anh

    (National Academy of Public Administration – Ho Chi Minh City Campus, Ho Chi Minh City, Vietnam)

Abstract

Recovering stolen assets through non-conviction based forfeiture is one of eight avenues for asset recovery due to corruption outlined in the United Nations Convention against Corruption. Implementing legislative measures to confiscate criminal property through non-conviction based forfeiture is among the 40 recommendations of the Financial Action Task Force. Vietnam formally signed the United Nations Convention against Corruption in 2003 and, while holding an associate membership status in the Financial Action Task Force, Vietnamese legislation lacks provisions enabling the application of this measure. The magnitude of financial and asset losses attributable to corruption remains substantial, rendering existing legal mechanisms ineffectual. Limited success of asset recovery through criminal judgments were taken into account nonetheless, the current national situation calls for more stringent and emergent practices. Grounded in understanding the efficacy of non-conviction based asset recovery mechanisms, this research paper underscores the necessity for Vietnamese law to incorporate such provisions to combat corrupt practices and proposes actionable recommendations for its adoption. The study seeks to enhance Vietnam’s legal framework concerning asset recovery methodologies for more favorable outcomes in the future. Furthermore, it aims to serve as a credible resource for the global academic community, shedding light on Vietnam’s legal landscape and anti-corruption efforts. The findings of this study also benefit developing nations, particularly those in the process of formulating regulations about non-conviction based asset recovery measures.

Suggested Citation

  • Vu Cao Minh & Cao Thi Ngoc Anh, 2025. "Asset Recovery via Non-Conviction based Forfeiture: Rationale for Regulation and Recommendations for Implementation in Vietnam," The Law and Development Review, De Gruyter, vol. 18(1), pages 97-122.
  • Handle: RePEc:bpj:lawdev:v:18:y:2025:i:1:p:97-122:n:1004
    DOI: 10.1515/ldr-2024-0058
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2024-0058
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    File URL: https://libkey.io/10.1515/ldr-2024-0058?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:18:y:2025:i:1:p:97-122:n:1004. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.