Procedures for execution of sentence for corporate legal entities in Vietnam

Procedures for execution of sentence for corporate legal entities in Vietnam (Internet image) 

Regarding this issue, Lawnet would like to answer as follows:

Procedures for execution of sentence for corporate legal entities in Vietnam

According to Article 160 of the Law on Execution of Criminal Judgments 2019, the procedures for execution of sentence for corporate legal entities in Vietnam are as follows:

1. Procedures for execution of sentence for sentenced corporate legal entity in Vietnam

The sentenced corporate legal 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 legal 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 legal entity shall disclose such decision on its website, publication and post it up publicly at the head office and business location of the corporate legal entity during the serving time; and notify relevant agencies, organizations, and individuals of its serving of the penalty or judicial measure;

- The sentenced corporate legal 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 legal 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 legal 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 legal entity may not resume its business or operation from the date on which the court judgment or decision becomes legally effective;

- The sentenced corporate legal 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 legal entity may not raise capital from the date on which the court judgment or decision becomes legally effective;

- The sentenced corporate legal 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 legal 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.

2. Procedures for execution of sentence for criminal judgment execution agency

The criminal judgment execution agency shall follow the procedures below:

- After receiving a judgment execution decision, the criminal judgment execution agency shall publish such decision on its website and summon the legal representative of the corporate legal entity concerned to give notice and require judgment execution.

If the legal representative of corporate legal entity who was duly served with a summons does not present him/herself, the criminal judgment execution agency shall make a report on his/her absence and keep executing the judgment;

- Within 5 working days after receiving the judgment execution decision, the criminal judgment execution agency shall request the regulatory agency supervising the corporate legal entity in writing to implement one or certain measures prescribed in Article 164 of this Law;

- Take charge and cooperate with the regulatory agency supervising the corporate legal entity and other relevant agencies in inspecting and supervising the serving process of the sentenced corporate legal entity;

- Issue a decision on coercive judgment execution as prescribed in the Law on Execution of Criminal Judgments 2019; take charge and cooperate with the regulatory agency supervising the corporate legal entity and other agencies relevant to the coercive judgment execution against the corporate legal entity as prescribed in the Law on Execution of Criminal Judgments 2019 and relevant laws;

- Issue a certificate of complete serving of sentence or certificate of complete serving of judicial measure, publish and send them as prescribed in Article 166 of the Law on Execution of Criminal Judgments 2019;

- Follow other procedures as prescribed in relevant laws.

3. Procedures for execution of sentence for regulatory agency supervising the corporate legal entity in Vietnam

The regulatory agency supervising the corporate legal entity shall follow the procedures below:

- Implement the measures prescribed in Article 164 of the Law on Execution of Criminal Judgments 2019 after receiving such a request from the criminal judgment execution agency enclosed with a copy of judgment execution decision and notify the criminal judgment execution agency of the results;

- Promptly publish the judgment execution decision, measures applied to the corporate legal entity prescribed in Article 164 of the Law on Execution of Criminal Judgments 2019, the certificate of complete serving of sentence and the certificate of complete serving of judicial measure on its website and website of the national enterprise registration portal, certificates of complete serving of sentence;

- Take charge and cooperate with the criminal judgment execution agency and other relevant agencies in inspecting and supervising the serving process of the sentenced corporate legal entity;

- Take charge and cooperate with the criminal judgment execution agency and other agencies relevant to the coercive judgment execution against the corporate legal entity as prescribed in the Law on Execution of Criminal Judgments 2019 and relevant laws;

- Follow other procedures as prescribed in relevant laws.

Nguyen Ngoc Que Anh

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