What are the coercive judgment enforcement measures against corporations? What are the rules for applying coercive judgment enforcement measures against corporations in Vietnam?
What are the coercive judgment enforcement measures against corporations in Vietnam?
According to the provisions of Article 4 of Decree 44/2020/ND-CP, the content is as follows:
Coercive judgment enforcement measures against corporations
Coercive judgment enforcement measures against a corporation include:
1. Account freeze.
2. Distraint of property of which value is equivalent to the sum put up as guarantee for the execution of judicial measures (briefly called property distraint).
3. Impoundment of records and documents and devices containing electronic data; impoundment or withdrawal of seals of corporations.
Accordingly, coercive judgment enforcement measures against a corporation include:
- Account freeze.
- Distraint of property of which value is equivalent to the sum put up as guarantee for the execution of judicial measures (briefly called property distraint).
- Impoundment of records and documents and devices containing electronic data; impoundment or withdrawal of seals of corporations.
What are the coercive judgment enforcement measures against corporations? What are the rules for applying coercive judgment enforcement measures against corporations in Vietnam?
What are the rules for applying coercive judgment enforcement measures against corporations in Vietnam?
Pursuant to the provisions of Article 3 of Decree 44/2020/ND-CP as follows:
Rules for applying coercive judgment enforcement measures against corporations
1. The enforcement is only carried out after receipt of the written coercive enforcement decisions from competent criminal judgment enforcement agencies.
2. The decision to apply coercive enforcement measures is made according to the punishment and judicial measures imposed on corporations, contents, nature, degree and conditions for execution of coercive enforcement decisions and local actual conditions.
3. The time limit for application of a coercive enforcement measure for guarantee for execution of court judgments does not exceed the sentence-serving term specified in the effective court judgment or decision; the time limit for provision of guarantee for execution of a judicial measure is determined once such judicial measure is completely enforced.
4. A corporation may be subject to one or more enforcement measures at the same time if a single coercive enforcement measure does not guarantee their execution.
5. Legitimate rights and benefits of corporations, relevant organizations and individuals are protected upon coercive judgment enforcement.
Accordingly, the application of coercive judgment enforcement against commercial legal entities is carried out according to the above principles.
Vietnam: To which agency must the decisions on coercive judgment enforcement against corporations be sent?
Sending decisions on coercive judgment enforcement against corporations is specified in Article 6 of Decree 44/2020/ND-CP as follows:
Sending decisions on coercive judgment enforcement against corporations
Within 03 working days from the date on which the coercive enforcement decision is issued, the competent criminal judgment enforcement agency shall send it to the Court that issued the judgment enforcement decision, procuracy at the same level, relevant regulatory agency supervising the corporation, corporation, corporation’s legal representative, National Business Registration Portal and other relevant organizations and individuals; if the coercive judgment enforcement measures specified in Clauses 2 and 3 Article 4 hereof, the coercive enforcement decision shall be sent to the People’s Committee of the commune where the distrained property is available or where records, documents or devices containing electronic data are impounded or where seals are impounded or withdrawn 03 working days before its execution.
Thus, the competent criminal judgment enforcement agency shall send decisions on coercive judgment enforcement against corporations to the Court that issued the judgment enforcement decision, procuracy at the same level, relevant regulatory agency supervising the corporation, corporation, corporation’s legal representative, National Business Registration Portal and other relevant organizations and individuals.
if the coercive judgment enforcement measures are property distraint or impoundment of records and documents and devices containing electronic data; impoundment or withdrawal of seals of corporations, the coercive enforcement decision shall be sent to the People’s Committee of the commune where the distrained property is available or where records, documents or devices containing electronic data are impounded or where seals are impounded or withdrawn 03 working days before its execution.
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