Regulations on temporarily holding the amount paid for securing judgment enforcement for corporate entities in Vietnam

Regulations on temporarily holding the amount paid for securing judgment enforcement for corporate entities in Vietnam (Internet image) 

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

1. Regulations on temporarily holding the amount paid for securing judgment enforcement for corporate entities in Vietnam

Regulations on temporarily holding the amount paid for securing judgment enforcement for corporate entities according to Article 6 of Decree 115/2017/ND-CP are as follows:

- Regulations on temporarily holding the amount paid for securing judgment enforcement are as follows:

+ The amount of money paid for securing judgment enforcement during the investigation and prosecution stages is temporarily held in the custody account opened at the State Treasury of the Investigation Agency conducting proceedings for the case;

+ The amount of money paid for securing judgment enforcement during the trial period is temporarily kept in the custody account opened at the State Treasury of the Civil Judgment Enforcement Agency at the same level where the Court of First Instance is headquartered;

+ The amount paid for securing judgment enforcement according to the decision of the Military Investigation Agency, Military Procuracy, and Military Court is temporarily held in the custody account of the corresponding financial agency in the Army opened at the State Treasury.

- After the Court decides to bring the case to trial, the amount paid for securing judgment enforcement that is temporarily held in the investigation agency's custody account must be transferred to the custody account of the civil judgment enforcement agency at the same level as the Court of First Instance of the case according to the provisions of law. This money transfer must be notified to the Court of the first instance of the case.

2. Regulations on refunding the amount paid for securing judgment enforcement for corporate entities in Vietnam

Regulations on refunding the amount paid for securing judgment enforcement for corporate entities according to Article 7 of Decree 115/2017/ND-CP are as follows:

- The State Treasury and the military financial agency shall refund part or all of the amount that the corporate entities has paid for securing judgment enforcement, according to the decision of the competent proceeding agency.

The refund of the foreign currency amount that the corporate entities has paid for securing judgment enforcement is carried out according to the principle of refunding the correct type of foreign currency and the original amount of currency paid; In case of a partial refund, after deducting state budget revenue according to the provisions of law, the remaining foreign currency must be paid to the corporate entities.

- The refund of the amount of money the legal entity has paid for securing judgment enforcement that the State Treasury is managing is carried out according to the following regulations:

+ After receiving the decision of the competent proceedings agency to refund part or all of the amount paid for securing judgment enforcement, the corporate entities sends a written request to refund the money to the custodial account holder, where the amount paid for securing judgment enforcement is being held.

Attached to the written request is the decision of the competent proceeding agency on refund. The written request must clearly state whether the money will be refunded by bank transfer or in cash.

In the case of a refund by bank transfer, clearly state the name of the account transferred to; If repaying in cash, clearly state the full name and identity card number of the recipient;

+ Within 03 days from the date of receiving the request for refund from the corporate entities, the agency that is the temporary account holder is responsible for preparing a document to refund the State Treasury deposit to refund to the corporate entities the amount of money according to the decision of the competent proceeding agency on refund, including 03 copies of Cash Withdrawal Paper (in case of cash refund) or 03 payment orders (in case of refund by transfer to the corporate entities's account opened at the bank); In case of a refund by bank transfer to the corporate entities's account opened at the State Treasury, make 04 payment orders;

+ Within 03 days from the date of receipt of the refund document for securing judgment enforcement, the State Treasury shall refund the amount according to the refund document of the temporary account holder to the account of the corporate entities or pay in cash according to the provisions of current law.

After refunding the money, the State Treasury shall deliver 01 copy of documents to the corporate entities receiving the refund (in case the corporate entities opens an account at the State Treasury); 02 copies of documents for the temporary account holder. The holder of the custody account is responsible for sending 01 copy of documents to the agency that has decided to refund the amount paid for securing judgment enforcement, while 01 copy of documents is kept at the State Treasury.

- The refund of the amount of money the legal entity has paid for securing judgment enforcement that the competent financial agency in the Army is managing is carried out according to the following regulations:

+ After receiving the decision of the competent proceedings agency to refund part or all of the amount paid for securing judgment enforcement, the corporate entities sends a written request for refund to the agency conducting the proceedings for the case or the civil judgment enforcement agency. Attached to the written request is the decision of the competent proceeding agency on refund.

The written request must clearly state whether the money will be refunded by bank transfer or in cash. In the case of a refund by bank transfer, clearly state the name of the account transferred to; If repaying in cash, clearly state the full name and identity card number of the recipient;

+ Within 03 days from the date of receiving the request for refund from the corporate entities, the agency receiving the request must prepare a dossier requesting a refund of the amount according to the decision of the agency conducting proceedings competent to refund the money and send it to the financial agency in the Army.

The request dossier includes: Document requesting the financial agency in the Army to refund the amount paid for securing judgment enforcement, clearly stating whether the money will be refunded by bank transfer or in cash; decision of the competent litigation agency to refund part or all of the amount paid for securing judgment enforcement and the record of handover and receipt of money paid for securing judgment enforcement;

+ Based on the application dossier, the financial agency in the Army shall carry out procedures to refund the money to the account of the corporate entities or pay in cash according to the provisions of current law.

In case of a refund in cash, a record must be signed by the refunding party (representative of the financial agency in the Army) and the receiving party (legal representative or authorized representative of the corporate entities).

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