Is funding for enforcement of criminal judgments against corporate entities financed by the state budget of Vietnam?
- Is funding for enforcement of criminal judgments against corporate entities financed by the state budget of Vietnam?
- Entities engaged in execution of criminal judgments against corporate entities in Vietnam
- What are the judgment enforcement dossiers for corporate entities in Vietnam?
- How is the announcement of judgment enforcement decisions made?
Is funding for enforcement of criminal judgments against corporate entities financed by the state budget of Vietnam?
Pursuant to Article 4 of Decree No. 55/2020/ND-CP stipulating as follows:
Funding for enforcement of criminal judgments against corporate entities
1. Funding for enforcement of criminal judgments against corporate entities shall be financed by the state budget.
2. Funding for execution of criminal judgments against corporate entities performed by criminal enforcement agencies shall be set aside from the annual budget of criminal judgment enforcement.
3. Funding for enforcement of criminal judgments against corporate entities performed by supervisory agencies shall be estimated and set aside from their operational costs.
Thus, funding for enforcement of criminal judgments against corporate entities shall be financed by the state budget.
Is funding for enforcement of criminal judgments against corporate entities financed by the state budget of Vietnam?
Entities engaged in execution of criminal judgments against corporate entities in Vietnam
According to the provisions of Article 3 of Decree No. 55/2020/ND-CP, entities engaged in execution of criminal judgments against corporate entities include:
- Criminal enforcement agencies of provincial-level police departments, criminal enforcement agencies of military zones (hereinafter referred to as criminal enforcement agencies) shall assume the prime responsibility for enforcement of criminal judgments against corporate entities.
- Supervisory agencies specified in clause 25 Article 3 of the Law on Enforcement of Criminal Judgments shall cooperate in enforcement of criminal judgments against corporate entities upon requests of criminal enforcement agencies.
- Relevant agencies, organizations, and individuals, within their tasks and powers, shall cooperate with criminal enforcement agencies and supervisory agencies in enforcement of criminal judgments against corporate entities.
What are the judgment enforcement dossiers for corporate entities in Vietnam?
According to the provisions of Article 8 of Decree No. 55/2020/ND-CP on judgment enforcement dossiers for corporate entities as follows:
- Within 3 working days after receiving the judgment enforcement decision, the criminal enforcement agency shall prepare judgment enforcement dossier; one dossier for a corporate entity.
- The criminal enforcement agency shall manage and ensure completeness of required documents as prescribed in Article 161 of the Law on Enforcement of Criminal Judgments.
- The dossiers of judgment enforcement against corporate entities shall be kept as prescribed by the Ministry of Public Security and the Ministry of National Defense.
How is the announcement of judgment enforcement decisions made?
Pursuant to the provisions of Clause 1, Article 9 of Decree No. 55/2020/ND-CP on the announcement of judgment enforcement decisions as follows:
Regarding the criminal enforcement agency:
- Within 3 working days after receiving a judgment enforcement decision, the criminal enforcement agency shall post such decision on its website.
If the criminal enforcement agency of provincial police department has no separate website, such decision shall be posted on the website of the provincial police department.
If the provincial police department has no separate website, such decision shall be posted on the website of the criminal judgment enforcement management agency affiliated to the Ministry of Public Security.
If the criminal enforcement agency of military zone has no separate website, such decision shall be posted on the website of criminal judgment enforcement management agency affiliated to the Ministry of National Defense.
Regarding corporate entity:
- Within 3 working days after receiving the judgment enforcement decision, the corporate entity shall announce such decision on its website, publication and post it up publicly at the head office and business location of the corporate entity as prescribed in point b clause 1 Article 160 of the Law on Enforcement of Criminal Judgments;
Notify relevant agencies, organizations, and individuals of its serving of the penalty or judicial measure; and report the criminal enforcement agency and the supervisory agencies on its performance.
The criminal enforcement agency shall oversee and ensure that the judgment enforcement decision has been announced and posted up in proper manner. If the corporate entity fails to announce and post up the judgment enforcement decision, the criminal enforcement agency shall require it to do so; and then make a record on the failure and/or impose an administrative penalty as per the law depending on its severity.
Regarding the supervisory agency:
- Within 5 working days after receiving a request for cooperation from the criminal enforcement agency, the supervisory agency as determined in Article 6 hereof shall announce the judgment enforcement decision on its website.
The provincial business registration authority shall post and announce the judgment enforcement decision on the national business registration portal applied to businesses incorporated and operating under the Law on Enterprises in the province.
- The announcement and posting up of the judgment enforcement decision made by the criminal enforcement agency, the corporate entity and supervisory agencies as prescribed in points a, b and c of this clause shall be sustained throughout the judgment enforcement duration.
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