Who has the right to issue property distraint decisions for the corporation in criminal judgment enforcement in Vietnam?
- Who has the right to issue property distraint decisions for the corporation in criminal judgment enforcement in Vietnam?
- When to organize property distraint for the corporation in criminal judgment enforcement in Vietnam?
- What contents must be included in property distraint records for the corporation?
Who has the right to issue property distraint decisions for the corporation in criminal judgment enforcement in Vietnam?
Pursuant to Clause 1, Article 28 of Decree No. 44/2020/ND-CP stipulating as follows:
Issuing and sending property distraint decisions
1. Within 03 working days from the verification of information about the corporation’s property, the head of the competent criminal judgment enforcement agency shall issue the property distraint decision.
2. A property distraint decision shall contain at least number of the decision; issuance date; bases for issuing the decision; full name and position of the decision maker and unit for which he/she is working; name, address, enterprise identification number and tax identification number of the corporation whose property is distrained; amounts and property to be distrained; place of distraint; signature of the decision maker and seal of the competent criminal judgment enforcement agency.
3. The property distraint decision shall be sent and notified as prescribed in Articles 6 and 7 hereof.
Thus, the head of the competent criminal judgment enforcement agency shall issue the property distraint decision.
Who has the right to issue property distraint decisions for the corporation in criminal judgment enforcement in Vietnam?
When to organize property distraint for the corporation in criminal judgment enforcement in Vietnam?
Pursuant to Clause 1, Article 29 of Decree No. 44/2020/ND-CP stipulating this content as follows:
Organizing property distraint
1. The property distraint shall be carried out from 08 am to 17 pm, except for statutory public holidays and other special cases decided by the Government.
2. The competent criminal judgment enforcement agency shall preside over the distraint.
3. Upon distraint of property, the corporation’s legal representative, organization or individual whose property is distrained, representative of the local authority of the area where the property to be distrained is available and witnesses must be present. If the corporation’s legal representative or organization or individual whose property is distrained is legally summoned or notified but is absent, the property distraint shall be still carried out and a record on the absence shall be made in witness of the representative of the local authority of the area where the property to be distrained is available and representative of the regulatory agency for the corporation.
4. It is only allowed to distrain property of the enforced corporation in a manner that is equivalent to the amount used for enforcing the judicial measure and coercive enforcement cost.
5. If it is not sufficient to execute the property distraint decision, only distrain the property under joint ownership of the enforced corporation and another person. If the property is under dispute, continue to carry out distraint and explain to the co-owners of the property to be distrained about the right to make claims in accordance with civil proceeding procedures.
The competent criminal judgment enforcement agency shall make publicly available the date and place of distraint. After 90 days from the date of distraint, if no claim is made, the distrained property shall be put up for auction in accordance with regulations of law on property auction.
Thus, according to the above provisions, the property distraint shall be carried out from 08 am to 17 pm, except for statutory public holidays and other special cases decided by the Government.
What contents must be included in property distraint records for the corporation?
Pursuant to Clause 1, Article 30 of Decree No. 44/2020/ND-CP stipulating the property distraint records as follows:
Property distraint records
1. The property distraint shall be recorded. The record shall clearly specify date and place of distraint; competent criminal judgment enforcement agency that presides over the distraint; legal representative of the corporation whose property is distrained, organization or individual whose property is distrained or their legal representative; witness; representative of the local authority of the area where the property to be distrained is available; name, conditions and characteristics of property to be distrained.
2. Representative of the competent criminal judgment enforcement agency, legal representative of the corporation, organization or individual whose property is distrained or their legal representative, representative of the local authority and witness shall sign the record. The absence or refusal to sign the record shall be clearly specified in the record and reasons therefore shall be given.
3. The distraint record shall be made into 02 copies being equally authentic, 01 is kept by the competent criminal judgment enforcement agency issuing the coercive enforcement decision and 01 is kept by the corporation’s legal representative.
Thus, the property distraint record shall clearly specify:
- Date and place of distraint; competent criminal judgment enforcement agency that presides over the distraint;
- Legal representative of the corporation whose property is distrained, organization or individual whose property is distrained or their legal representative;
- Witness;
- Representative of the local authority of the area where the property to be distrained is available;
- Name, conditions and characteristics of property to be distrained.
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