Regulations on the Freezing of Money in Accounts and Assets Held in Custody

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Article 20 of Decree 62/2015/ND-CP stipulates that the decision to seize accounts, properties at holding places must specify the exact amount of money or property being seized. The executor shall deliver the decision to seize accounts, properties at holding places to the legal representative of the State Treasury, credit institutions, agencies, organizations, individuals managing the accounts, properties at holding places, or the person responsible for receiving documents from those agencies, organizations and make a record of the delivery of the decision.

In that case, the record must bear the signature of the Executor and the recipient of the decision to seize accounts, properties at holding places. If the recipient does not sign the decision, a witness's signature is required. The decision to seize accounts, properties at holding places, issued after the Executor makes a seizure record according to Clause 2, Article 67 of the Civil Judgment Enforcement Law, must be immediately sent to the agencies, organizations, individuals where the accounts, properties have been seized.

However, if the legal representative or the person responsible for receiving documents from the agencies, organizations refuses to accept the decision to seize accounts, properties at holding places, the Executor shall record the refusal, which includes a witness's signature, and proceed to post the decision to seize accounts, properties at holding places of the judgment debtor at the premises of those agencies, organizations. The legal representative or the person responsible for receiving documents who refuses to accept the decision must bear legal responsibility and compensate for any damage incurred.

Note: The Executor is responsible for keeping confidential the information about the accounts, properties of the judgment debtor subjected to enforcement measures when provided by the State Treasury, credit institutions, agencies, organizations, individuals where the accounts, properties are located.

Read the full regulations at Decree 62/2015/ND-CP, effective from September 1, 2015.

Thu Ba

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