Vietnam’s Legal Obligations Under the United Nations Convention Against Corruption Regarding Non-Conviction-Based Confiscation of Assets

Abstract Corruption increasingly involves complex financial structures that make criminal prosecution difficult, and therefore non-conviction-based confiscation (NCBC) has become central to global asset recovery efforts. However, despite significant legal reforms, Vietnam’s framework remains largely conviction-dependent. This article aims to clarify Vietnam’s obligations under the United Nations Convention against Corruption (UNCAC) and to assess how far its current laws meet the Convention’s standards, particularly regarding NCBC. To achieve this, the study adopts a normative legal research design informed by a policy analysis approach and complements this with comparative analysis of established NCBC frameworks drawn from a range of mature legal systems and emerging regional models. This combined method allows for both doctrinal assessment and evaluation of institutional feasibility. The results show that Vietnam’s legal system lacks explicit statutory authority for NCBC, appropriate civil evidentiary thresholds, and independent judicial pathways for stand-alone confiscation proceedings. Furthermore, mechanisms for recognizing and enforcing foreign NCBC orders remain underdeveloped, while institutional fragmentation limits the effectiveness of asset tracing and management. These gaps reveal partial compliance with UNCAC and restrict Vietnam’s capacity to recover illicit assets, especially in transnational cases. The study concludes that Vietnam must introduce comprehensive reforms, including clear NCBC legislation, strengthened international cooperation mechanisms, and a dedicated asset recovery institution. Together, these measures would enable Vietnam to meet UNCAC obligations more fully and enhance the credibility and effectiveness of its anti-corruption framework.