Which Agencies or Organizations Enforce Judgments Against Commercial Legal Entities?

On May 22, 2020, the Government of Vietnam issued Decree 55/2020/ND-CP detailing certain articles of the Law on Criminal Judgment Execution regarding the execution of judgments for commercial legal entities.

According to Decree 55/2020/ND-CP, the following agencies, organizations, and individuals shall execute judgments against commercial legal entities (hereinafter referred to as commercial legal entities), specifically:

Execution of judgments against commercial legal entities, 55/2020/ND-CP

Execution of judgments against commercial legal entities (Illustration)

- The criminal judgment execution agency of the provincial level police, the criminal judgment execution agency of the military zone level (hereinafter collectively referred to as the criminal judgment execution agency) shall take the lead in organizing the execution of judgments against commercial legal entities.

- The state management agency for commercial legal entities as stipulated in Clause 25, Article 3 of the Law on Criminal Judgment Execution, shall have the responsibility to coordinate in the execution of judgments against commercial legal entities at the request of the criminal judgment execution agency.

- Agencies, organizations, and individuals within their respective tasks and powers shall have the responsibility to cooperate with the criminal judgment execution agency and the state management agency for commercial legal entities in the execution of judgments against commercial legal entities.

Regarding the funding for ensuring the execution of judgments against commercial legal entities:

- The cost of ensuring the execution of criminal judgments against commercial legal entities shall be covered by the state budget.

- The cost of implementing the execution of judgments against commercial legal entities by the criminal judgment execution agency shall be estimated in the annual budget for criminal judgment execution work.

- The cost of implementing activities to execute judgments against commercial legal entities by state management agencies for commercial legal entities shall be estimated and settled in the regular operational budget of such agencies.

More details can be found in Decree 55/2020/ND-CP effective from July 15, 2020.

Thu Ba

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