Article 40.- Confiscation of property

Confiscation of property means to confiscate part or whole of the sentenced person’s property for remittance into the State’s fund. The property confiscation shall apply only to persons sentenced for serious crimes, very serious crimes or particularly serious crimes prescribed by this Code.

When all their property is confiscated, the sentenced persons and their families shall still be left with conditions to live.

Chapter VI

JUDICIAL MEASURES

Article 41.- Confiscation of objects and money directly related to crimes

1. The property confiscation for State funds shall apply to:

a) Tools and means used for the commission of crimes;
b) Objects or money acquired through the commission of crime or the trading or exchange of such things;
c) Objects banned from circulation by the State.

2. Things and/or money illegally seized or used by offenders shall not be confiscated but returned to their lawful owners or managers.

3. Things and/or money of other persons, if these persons are at fault in letting offenders use them in the commission of crimes, may be confiscated for State funds.

VietNam-Penal Code, Art. 40 and 41-1999-eng (text in English, PDF)

VietNam-Penal Code, Art. 40 and 41-1999-fra (text in French, PDF)

link to the complete text of the Penal Code, in English: VietNam-Penal Code-1999-eng

link to the complete text of the Penal Code, in French: VietNam-Penal Code-1999-fra

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