What is the crime of failure to serve a judgment in Vietnam? What are the cases of the implosion of imprisonment penalties for failure to serve a judgment in Vietnam?
What is the crime of failure to serve a judgment in Vietnam?
According to the regulations in Article 380 of the Criminal Code 2015 regarding the crime of failure to serve a judgment as follows:
Failure to serve a judgment
1. If a person who is capable of but fails to serve a judgment or decision of the court which has taken effect despite the fact that enforcement measures have been taken as prescribed by law or an administrative penalty for the same offence was imposed, such person shall face a penalty of 03 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The offender resists the bailiff or a law enforcement officer;
b) The offence involves deceitful methods;
c) The offender liquidates or hides his/her property.
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
Under the above regulation, it can be understood that the crime of failure to serve a judgment is an individual act with conditions but intentionally does not comply with the court judgment or decision that has taken legal effect. The violation acts can be:
+ Not handing over assets that the Court decides to confiscate and submit to the State budget.
+ Not paying compensation according to the judgment that has taken legal effect.
+ Dispersing assets, fleeing, etc., to avoid executing the judgment.
Thus, failure to serve a judgment is illegal, affecting the activities of procedural authorities and infringing upon the legal rights and interests of agencies, organizations, and the person subject to the execution. Therefore, the person failing to serve a judgment must be handled in accordance with the law.
What is the crime of failure to serve a judgment in Vietnam? What are the cases of the implosion of imprisonment penalties for failure to serve a judgment in Vietnam?
What are the cases of the implosion of imprisonment penalties for failure to serve a judgment in Vietnam?
According to the regulations in Article 380 of the Criminal Code 2015, an individual with the conditions but fails to comply with a sentence will be prosecuted when:
- Failing to serve a judgment or decision of the court that has taken effect despite the fact that enforcement measures have been taken as prescribed by law.
- Previously, facing administrative penalty for failure to serve a judgment but continuing to violate.
The penalties according to the Criminal Code for the act of failure to serve a judgment are:
An imprisonment penalty from 03 months to 02 years shall be imposed for failure to serve a judgment despite being subjected to coercive measures or having been administratively sanctioned for this act but continuing to violate.
- Committing the crime under one of the following circumstances shall be subject to imprisonment from 02 years to 05 years:
+ Resisting executors or persons performing public duties;
+ Using sophisticated or cunning tactics;
+ Dispersing assets.
What are the other administrative penalties for failure to serve a judgment in Vietnam?
When the act of failure to serve a judgment does not meet the conditions for criminal prosecution, fine will be imposed according to the regulations in Article 64 of Decree 82/2020/ND-CP regarding violations in the civil judgment enforcement sector as follows:
Violations in the civil judgment enforcement sector
1. A warning or a fine from 500,000 VND to 1,000,000 VND for the act of receiving the second notice or summons from the competent authority but not arriving at the indicated location without a legitimate reason.
2. A fine ranging from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Failing to provide information, failing to hand over documents related to the asset being processed for enforcement as requested by the competent authority without a legitimate reason;
b) Failing to notify the civil judgment enforcement agency of changes in address or residence;
c) Failing to declare, or inaccurately or incompletely declaring assets, income, and conditions for enforcement when requested by the competent enforcement authority;
d) Using offensive words or actions towards those performing public duties in civil judgment enforcement;
dd) Resisting, obstructing, or instigating others to resist or obstruct civil judgment enforcement activities;
e) Disturbing the order at the enforcement site or other acts that hinder civil judgment enforcement activities that do not yet constitute a crime.
3. A fine ranging from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failing to perform tasks according to the judgment or decision;
b) Failing to cease tasks that are prohibited by the judgment or decision;
c) Delaying the enforcement of obligations when capable of performing judicial obligations;
d) Providing false evidence to the civil judgment enforcement agency.
4. A fine ranging from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Damaging assets to avoid executing obligations or to evade asset attachment;
b) Destroying sealed-off assets;
c) Not complying with the decision of the competent enforcement authority on income garnishment;
d) Not complying with the decision of the competent enforcement authority on the temporary seizure of assets or documents related to enforcement;
dd) Not complying with the decision of the competent enforcement authority on the temporary suspension of registration, transfer of ownership, use, or change of asset status;
e) Not complying with the decision of the competent enforcement authority on the handover or return of assets and documents for enforcement;
g) Failing to provide information without a valid reason or providing incorrect or incomplete information about the account or income of the judgment debtor;
h) Using the position or authority to obstruct information provision about the judgment debtor's account or income and the asset freezing or garnishment for enforcement; disclosing or abusing information about the judgment debtor's account or income for improper purposes.
5. A fine ranging from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Dispersing assets to avoid executing obligations or asset attachment;
b) Illegally using, spending, transferring, swapping, hiding or changing the status of attached assets that do not yet constitute a crime;
c) Converting, transferring, gifting, mortgaging, pawning, or other acts aiming to change the ownership or use rights of assets restricted from transactions as prescribed;
d) Destroying attached assets;
dd) Not complying with the decision of the competent enforcement authority on the collection of money or assets of the judgment debtor held by a third party;
e) Not performing immediate judicial decisions or emergency measures imposed by the Court;
g) Disclosing information to enable the judgment debtor to transfer or withdraw money from the account, affecting the enforcement process.
6. A fine ranging from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Not complying with the decision of the competent enforcement authority on account deductions or confiscation of valuable papers belonging to the judgment debtor;
b) Not complying with the decision of the competent enforcement authority on collecting money from the business activities of the judgment debtor; on collecting money held by the judgment debtor;
c) Not complying with the decision of the competent enforcement authority on the attachment, use, and exploitation of the intellectual property ownership rights belonging to the judgment debtor.
7. A fine ranging from 30,000,000 VND to 40,000,000 VND for the act
of not complying with the decision of the competent enforcement authority on freezing the account or assets of the judgment debtor.
The administrative penalties for failure to serve a judgment are implemented according to the above regulations.
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