Can the property be distrained in the case where the representative of the commercial juridical persons in Vietnam is absent?

Can the property be distrained in the case where the representative of the commercial juridical persons in Vietnam is absent?

Pursuant to Article 29 of the Decree 44/2020/NĐ-CP stipulating organizing property distraint as follows:

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.

Therefore, if you are the legal representative of the company who is summoned and notified properly about the property distraint but absent, the property distraint  will still be carried out. The criminal enforcement agency will draw up a minutes of the absence, with the witness of the representative of the local government where the property distraint is located, and the representative of the state management agency for your company.

Can the property be distrained in the case where the representative of the commercial juridical persons in Vietnam is absent? - Source: Internet

What are the contents of the property distraint records of the commercial juridical persons in Vietnam?

Pursuant to Article 30 of the Decree 44/2020/NĐ-CP stipulating property distraint records as follows:

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.

Above are the contents of the property distraint records of the commercial juridical persons in Vietnam.

Best regards!