What are the procedures for enforcement of criminal judgments against corporate entities in Vietnam?
- What are the conditions for a corporate entity to bear criminal responsibility?
- What are the procedures for enforcement of criminal judgments against corporate entities in Vietnam?
- What are the regulations on the procedures for execution of sentences of corporate entities in Vietnam?
- What are the judgment execution dossiers for corporate entities in Vietnam?
What are the conditions for a corporate entity to bear criminal responsibility?
Pursuant to Clause 1, Article 75 of the 2015 Criminal Code of Vietnam stipulating the conditions for a corporate entity to bear criminal responsibility as follows:
- A corporate entity shall only bear criminal responsibility if all of the following conditions are satisfied:
+ The criminal offence is committed in the name of the corporate entity;
+ The criminal offence is committed in the interests of the corporate entity;
+ The criminal offence is under instructions or approval of the corporate entity;
+ The time limit for criminal prosecution specified in Clause 2 and Clause 3 Article 27 hereof has not expired.
However, the fact that corporate entity has criminal responsibility does not exempt criminal responsibility of individuals.
What are the procedures for enforcement of criminal judgments against corporate entities in Vietnam? (Image from the Internet)
What are the procedures for enforcement of criminal judgments against corporate entities in Vietnam?
According to the provisions of Chapter II of Decree No. 55/2020/ND-CP stipulating the procedures for enforcement of criminal judgment against corporate entities, including the following steps:
Step 1: Receipt of judgment enforcement decision;
Step 2: Determination of supervisory agencies in judgment enforcement;
Step 3: Summoning the legal representative of corporate entity for notice and enforcement warrant;
Step 4: Preparation of the judgment enforcement dossier;
Step 5: Announcement of judgment enforcement decision, certificate of complete serving of sentence, certificate of complete serving of judicial measure;
Step 6: Inspection of serving of sentence by corporate entities during the serving time;
Step 7: Issuance of certificate of complete serving of sentence, and certificates of complete serving of judicial measure.
What are the regulations on the procedures for execution of sentences of corporate entities in Vietnam?
According to the provisions of Clause 1, Article 160 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the sentenced corporate entity shall follow the procedures below:
- Upon summoned by the criminal judgment execution agency to notify and require execution of a penalty or judicial measure, the legal representative of corporate entity shall present himself/herself, except for force majeure events or objective hindrance;
- Within 3 working days after receiving the judgment execution decision, the corporate entity shall disclose such decision on its website, publication and post it up publicly at the head office and business location of the corporate entity during the serving time; and notify relevant agencies, organizations, and individuals of its serving of the penalty or judicial measure;
- The sentenced corporate entity must suspend its operation in one or certain lines of business subject to suspension of operation under such a legally effective court judgment or decision;
- The sentenced corporate entity must shut its operation down in one or certain lines of business or the entire operation subject to permanent shutdown under such a legally effective court judgment or decision.
- The sentenced corporate entity must cease its operation in certain banned lines of business for a given period of time under such a legally effective court judgment or decision. The corporate entity may not resume its business or operation from the date on which the court judgment or decision becomes legally effective;
- The sentenced corporate entity must refrain from raising capital in one or certain forms for a given prohibition period time under such a legally effective court judgment or decision. The sentenced corporate entity may not raise capital from the date on which the court judgment or decision becomes legally effective;
- The sentenced corporate entity must restore original state or implement some measures for mitigation and prevention of consequences under such a legally effective court judgment or decision;
- The sentenced corporate entity must report in writing to the relevant criminal judgment execution agencies and regulatory agencies on its serving of the penalty(ies) and/or judicial measures under the legally effective court judgment or decision;
- Follow other procedures as prescribed in relevant laws.
What are the judgment execution dossiers for corporate entities in Vietnam?
Pursuant to the provisions of Article 161 of tthe 2019 Law on Execution of Criminal Judgments in Vietnam:
The criminal judgment execution agency of provincial-level police department or of military zone shall prepare a judgment execution dossier of a corporate entity. Such a dossier comprises:
- The legally effective court judgment or decision;
- The judgment execution decision;
- The summons against legal representative of the corporate entity;
- A document of the criminal judgment execution agency requiring the regulatory agency supervising the corporate entity to perform their tasks and powers in judgment execution;
- The notice of the regulatory agency supervising the corporate entity of its performance of the judgment execution request and the corporate entity’s serving of the sentence;
- A report on serving of sentence made by the corporate entity;
- A document indicating the disclosure of judgment execution as per this Law;
- A report on judgment execution;
- Document(s) on coercive judgment execution (if any);
- Document(s) on complete serving of penalties and/or complete serving of judicial measures as per this Law;
- Other relevant documents.
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