MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING TRAN DINH DUC 442938 LAW ON CONFISCATION OF PROCEEDS OF CRIME IN A COMPARATIVE PERSPECTIVE - ENGLAND AND VIETNAM GRADUATION THESIS MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING TRAN BINH DUC 442051 LAW ON CONFISCATION OF PROCEEDS OF CRIME INA COMPARATIVE PERSPECTIVE - ENGLAND AND VIETNAM. PHAP LUAT VE TỊCH THU TAI SAN DO PHAM TỘI MÀ CÓ TỪ GÓC ĐỘ. SO SÁNH GIỮA HE THONG PHAP LUAT VIET NAM VA ANH Major: Comparative Law GRADUATION THESIS STUDENT DECLARATION Therewith formally declare that Imyself have written the submitted bachelor’s Thesis independently, the conclusions and data inthe Bachelor's Thesis are truthful andreliable / „2033 Supervisor's confirmation Researcher's signature Dao Lê Thu "Tran Dinh Dục ACKNOWLEDGEMENT want to start by sincerely thanking Ms Dao Le Thu, my supervisor, for proviingme with such awonderfud chance toworkon my grachation thesis, which 1s led "Law on confiscation of proceeds oferime ina comparative perspective - England and etna." Tem graf to Dr Dao Le Thufor her guidance m helping me fo complete this thesis, as her encowwagement, tolerance, patience and drive have greatly motivated me. Being able to work and learn oder her direction was huge honour thermore, want to express my sincere gratitude to all of the instructors at Hanoi Law University.
This thesis could not have been completed without the gidance of my lechers. I am grateful for the learning experience that has allowed me fo broaden my widerstanding of law as well asthe English language enabling me to pu my thoughts into action “Atthe sane time, Iwant to express my gratin tomy family for their love, concern, and sacrifices to educate me and get me ready forthe fue. Talso well as to express my gratitude to my classmates Yến and Tÿ for helping me frish my gradation thesis and for their spiritual support Finally, given my lack of practical experience and understanding Iwould greatly appreciate any input or recommendations on strengthening the thesis materialfrom al teachers Taam incredibly grateful for your support! LIST OF ABBREVIATIONS POCA Proceeds of Crime Act 2002 tte etostera (nd sofort) UNODC : United Nations Office on Drugs and Crime CoB: The Council of Ewope UWOs Unexplained Wealth Orders UDHR Universal Declaration of Human Rights ECHR. Ewopeen Convention on Human Rights FATF Financial Action Task Force ARIS: Asstt Recovery Incentivisation Scheme UNCAC _: The United Nations Convention agsinst Cosuption DEA <The DrugEnforcement Administration cps ‘The Crown Prosecution Service SEO Serious Fraud Office NC National Crime Agency MLATs : Mutual Legal Assistance Treaties ECHR: the European Convention on Human Rights MER —_: Mutual Evalustion Report UNTOC_ : the United Nations Convention ageinst Transnational Organized Crime TABLE OF CONTENTS FRONT ISPIECE STUDENT DECLARATION ii ACKNOWLEDGEMENT LIST OF ABBREVIATIONS v TABLE OF CONTENTS , PREFACE 1.
Rationale ofthe research, 1 2. Objectives and tasks of the Thesis. The object and delimitation of the Thesis 4 4, Methodology and research metheds of the Thesis. Scientific and practical implications of the Thesis 5 7.
Structure of the Thesis 5 CHAPTER 1: THEORETICAL ISSUES OF LAW ON CONFISCATION OF PROCEEDS OF CRIME. The concept of hw on confiscation of proceeds of crime 6 LLL The definition of lan on onfiscation of proceeds of crime 6 1. The characteristics of lan on confiscation of proceeds of crhue. The necessity and significance of aw on confiscation of proceeds of crime 9 1.
The necessity of lam on confiscation of proceeds of crime 9 1. The significance of law on confiscation of proceeds of crhme. The fundamentals of low on confiscation of proceeds fcrime. The objectives of law on confiscation of proceeds of crime 1 1.2, The scope of law on confiscation of proceeds of crime 4 1.
The principles of law ou confiscation of proceeds of crime 16 Conclusion of Chapter 1 24 CHAPTER 2: LAW ON CONFISCATION OF PROCEEDS OF CRIME IN ENGLAND. The legal framework regulating confiscation of proceeds of crime in Enghnd 2s 3.3, Law on Legal Enforcement. The fundamentals of law on confiscation of proceeds of crime in Enghad 3 221 The objective of law on confiscation of proceeds of crime in England 3 2.2, The principles of law on confiscation of proceeds of crime in England 35 2.3, The main issues regulated by law on confiscation of proceeds of crime in England 39 Conclusion of Chapter2 49 CHAPTER 3. LAW ON THE CONFISCATION OF PROCEEDS OF CRIME IN VIETNAM IN COMPARISION WITH ENGLADND'S LAW, AND PROPOSAL FOR THE IMPROVEMENT OF VIETNAM'S LAW.
Law on confiscation ofproceeds ofcrime in Vietnam 50 3. The legal framework of law on confiscation of proceeds of crime in Vietwam.2, The fundamentals of law on confiscation of proceeds of crime in Vietwam 53 3. Comparing law on confiscation of proceeds of crime between Vietnam and Enghad.1, Similarities in lam on confiscation of proceeds of crime between Vietuam and England.2, Differences in law on Confiscation of Proceeds of Crime between Vietwam and England. Proposals for improving law on confiscating proceeds of crime in ‘Vietnam from England's experiences.
Proposals for a special and comprehensive law governing the confiscation of proceeds of crime.2, Proposalsfor the development of a uon-conviction-based confiscation mechanism. 60 ‘Conclusion of Chapter 3 62 CONCLUSION. Rationale of the research ‘The phenomenon of tranmetional crime hes grown exponentially in recent decades, posing significent chellenge to the global community. As a response to this, nations worldwide have developed endrefined legel frameworks to combet the financial aspects of criminal activities.
The confiscetion of proceeds of crime has emerged as 4 pivotal tool in dismantling criminal enterprises and recovering ill-gotten gains.As sates of moneylaundering drug tefficking, end organized crime reach unprecedented levels, criminal enterprises exploit gaps in legel systems, necessitating « comprehensive understanding of effective measures for confisceting ilicit proceeds ‘The urgency is underscored by the severe economic repercussions of transnational crime, affecting both developed and developing netions. Illicit funds undermine economic stability, impede development, and erode public trust. Additionelly, the evolving nature of criminel tactics, including the use of sophisticated technology, demands an anelysis of how legal fremeworks in England end Vietnam adapt to these changes. ‘The wgency Kes in ensuing thet legel mechanisms remain robust end act es « deiement against futwe criminal activities, Moreover, the commitment to international conventions and treaties requires a comprehensive eveluetion of how {jwistictions like England and Vietnam engage in globel cooperstion to adkess the cross-border nature of financial crimes.
The sesearch is imperative for safeguarding anstional security interests, asthe illicit low of funds across borders poses significant threats. The comparative insights geined from analyzing different legal traditions and societal contexts, as represented by England end Vietnam, are crucial for informing egal reforms globally Based on the foregoing the author chose the topic "Law on confiscation of proceeds @f crime in a comparative perspective - England and Vietnam" for gradustion research This is « new comperctive lew study thet does not overlap with published studies. The research results contibute toimproving the efficiency end promoting the sole of lew in the confiscation of proceeds of crime. Literature review Numerous intemstional scholuz consistently dedicate their attention to studying the legal frameworks related to the confiscation of proceeds of crime, sextmining perspective rootedin criminology, sociology legislative foundations, and menagerie salls specific to handling cases involving financial crimes The methods and strategies employed to ensue an effective confiscation process and meet the demands of addressing financial crimes are meticulously considered within various models These models ae crafted based on commitaents and requirements tailored tothe unique culturd, social, and political contexts of each juisdiction In the pursuit of understanding and delving into the complexities of the ley on confiscation of proceeds of crime, the researcher hes meticulously consulted plethora of documents, including scientific articles, maste’'s theses, doctoral dissertations, books, end magicines.
Accordingly, some typical projects can be summarized below 21. Foreign publications InKevinM. Stephenson; misea Gray, Ric Power; Jean-Pierre Bran, Gabriele Dunker, Melissa Penjer, STAR - The World Banke - UNODC, “Barriers to Asset Recovery An Analysis of the Key Barriers and Recommendations for Action” , the suthors mobilize policy mekers on the existing difficulties in stolen asset recovery actions and convince them to take ection on the festured recommendations. Such action would enhance the capacity of practitioners to successfully recover stolen assets The authors also recommend that practitioners shoud make more use of the exiting tools, as outlinedin the Operational Recommendstions ofthis tuy, 22.
Domestic publications TaLê Trên Son, "Thực trang công tác th dt sản lên quan đẫn tối phar, mốt số khó khẩn, vướng mắc và để xuất giải php nông cao luận quả công tác tư "hành án dân sự về th hỗ tải sd, Hội thio- Tham vẫn về cơ chế th hi tài sẵn không qua thi tục kết tô ð Việt Nam, Ha Nội - 2022, the author briefly mentioned the following contents: () Current mechanism for recovering comupt anst (i) Some emits of recovering convpt assets in recent years; (i) Some limitetions and (iv) Issues that need further research. 3 In Ts, Đố Thu Huyền, Hai thảo - Tham vẫn vé cơ chế thu hồi tai sẵn không aqua thủ tục kếttội 8 VIÊN am, "Đánh giá tinh khả cũa ơ chỗ rch thu tsi không qua thủ tc két 11 trong bỗi cảnh liệt Nam dưới góc đổ quyển cơn người, đặc bật avn để quyễn tài săn”, HAN 6-202, the author adds some analysis and evaluation of the feasibility ofthe esset confiscation mechanism without criminal proceedings inthe Vietnamese contest from the perspective of aman sights, especially the ismae of property rights According to the authors, to increase the permuasiveness and feaubility ofthe asset recovery mechanism without criminl proceedings, counties, including Vietnam, need to conduct research to ensure harmony between tro important godlz atthe same time: on the one hand, prevent and suppress corruption crimes; recover maximum corrupt assets to rehan to the state budget and other damaged subjects, and, on the other hand, still ensure full enjoyment of humen sights. Itis clear that the aforementioned publications, and articles are mainly focus on the fsasbility ofthe asset confiscation mechanism without criminal proceedings inthe Vietnamese; and th existing difficulties in stolen asset recovery actions none of them have actually agproach this issues through « comparative perspective ebrsen England Vietnam, Ara rem, inthis thesis the author focuses on the overell legal practices of England Vietnam in different terms of ley on confiscetion of proceeds of crime. As a final point, I offer some propossls for confiscation mechanism, and legseltion in Vietnam from English experiences regarding le on confiscation of proceeds of crime 3.
Objectives and tasks of the Thesis, The study cims to make some propossls for the improvement of the confiscation of illicit gains regime in Vietnam from England's experiences in terms of lew on confiscation of proceeds of crime, To achieve these goals, the author has focused on the following tasks: - Analyzing theoreticel issues of lew on confiscati of proceeds on of esime - Clavifying the legal framework, and fundamental aspects of lew on confiscation of proceeds of crime of the two countries, = Comparing the similmities and differences in nw on confiscation of proceeds of crime between these bo counties - Preparing some proposal for Vietnam s to ensure the improvement of Vietnam’ slaw on confiscation of proceeds of crime 3. The object and delimitation ef the Thesis Firstly, in terms of the research object, the thesis focuses on studying the selevant lew and regulations concerning law on confiscetion of proceeds of crime in Englend end Vietnem Secondly, segarding the research delimitation, the thesis researches lew on confiscation of proceeds of crime from an interdisciplinary perspective, mainly from the relevant parts of the lege! framework, end fundamental aspects of ew on confiscation of proceeds of crime, The focus of this thesis isto seseerch on the legal framework, end fundamental espects oflew on the confiscation of proceeds of crime in England, end Vietnam.