Regarding this issue, lawyer Truong Van Tuan, Head of Trang Sai Gon Law Office, said that typically, when the investigating agency has initiated prosecution against a suspect, they will detain or arrest that person to facilitate a smoother and faster investigation and trial process. However, based on the nature and severity of the offense, as well as the personality of the offender, the authorities may consider alternatives to detention. This is known as being “released on one’s own recognizance,” a situation where the suspect or accused person is not detained during the investigation and trial.
Ms. Nguyen Thi Nhu Loan before her prosecution. Source: NLDO
Legally speaking, when a suspect or accused person is released on their own recognizance, it means they are not detained, but rather released on bail, bond, or under certain conditions such as a restriction on residence, as stipulated in Articles 121, 122, and 123 of the 2015 Criminal Procedure Code. Nonetheless, they must still comply with summons from the court and investigating agency, and if found guilty, they will be subject to the penalties imposed by the court.
When released on their own recognizance, suspects or accused persons must abide by the following obligations:
– Comply with summons, unless prevented by force majeure or objective obstacles;
– Do not flee or commit further offenses;
– Do not bribe, coerce, or incite others to give false statements or provide false documents; do not destroy, forge evidence, documents, or objects related to the case; do not dispose of assets related to the case; do not threaten, intimidate, or take revenge on witnesses, victims, informants, or their relatives;
– Do not leave their place of residence without permission from the authority that imposed the restriction (in case of a restriction on residence).
If the suspect or accused person violates these obligations, they may be detained.
In summary, being “released on one’s own recognizance” means that the suspect or accused person is not detained during the investigation and trial. Being released during the investigation does not mean that the person is no longer considered guilty, and they must still comply with summons from the court and investigating agency. If found guilty by the court, they will be subject to the penalties imposed by law.
Although the Criminal Procedure Code does not prohibit suspects or accused persons who are released on their own recognizance from managing and operating a business, according to Point e, Clause 2, Article 17 of the 2020 Enterprise Law, the following entities do not have the right to establish and manage enterprises in Vietnam: “Individuals who are being prosecuted, detained, serving prison sentences, undergoing compulsory rehabilitation or education, or are banned by a court from holding certain positions or practicing certain professions…”.
In this case, despite being released on her own recognizance, Loan is still under criminal investigation and therefore falls under the category of individuals who are not permitted to manage and operate a company.
Previously, on November 25, QCG Joint Stock Company (stock code: QCG) announced information related to Ms. Nguyen Thi Nhu Loan, the former CEO of the company.
Specifically, on November 11, 2024, Ms. Nguyen Thi Nhu Loan had her preventive measure changed by the Investigation Agency of the Ministry of Public Security. Currently, she is released on her own recognizance during the investigation process.
Back in July 2024, Ms. Loan was arrested by the Police Agency for Investigation of Corruption, Economic, and Smuggling-related Crimes (C03, Ministry of Public Security) for violations related to the management and use of state assets, causing loss and waste.
Ms. Loan was accused of legal violations in the transfer of the 39-39B Ben Van Don project
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