What must be included in the judgment execution dossier under the law in Vietnam?

 What must be included in the judgment execution dossier under the law in Vietnam? (Internet image) 

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

1. What must be included in the judgment execution dossier under the law in Vietnam?

According to Article 161 of the Law on Execution of Criminal Judgments 2019, the criminal judgment execution agency of provincial-level police department or of military zone shall prepare a judgment execution dossier of a corporate legal entity. Such a dossier comprises:

- The legally effective court judgment or decision;

- The judgment execution decision;

- The summons against legal representative of the corporate legal entity;

- A document of the criminal judgment execution agency requiring the regulatory agency supervising the corporate legal entity to perform their tasks and powers in judgment execution;

- The notice of the regulatory agency supervising the corporate legal entity of its performance of the judgment execution request and the corporate legal entity’s serving of the sentence;

- A report on serving of sentence made by the corporate legal entity;

- A document indicating the disclosure of judgment execution as per this Law;

- A report on judgment execution;

- Document(s) on coercive judgment execution (if any);

- Document(s) on complete serving of penalties and/or complete serving of judicial measures as per this Law;

- Other relevant documents.

2. Rights and obligations of sentenced corporate legal entity in Vietnam

Rights and obligations of sentenced corporate legal entity in Vietnam according to Article 162 of the Law on Execution of Criminal Judgments 2019 are as follows:

- A sentenced corporate legal entity shall have the following rights:

+ Receive notice of judgment execution;

+ Receive relevant decisions during his/her process of serving sentence;

+ Lodge a complaint about the judgment execution;

+ Be issued with a certificate of complete serving of sentence or certificates of complete serving of judicial measure as prescribed in this Law;

+ Receive compensation for damage as prescribed in law on state compensation liability.

- A sentenced corporate legal entity shall have the following obligations:

+ Strictly abide by the legally effective court judgment or decision; decision or request of the competent authority in judgment execution;

+ The legal representative of corporate legal entity shall present himself/herself upon the summons served by the criminal judgment execution agency;

+ Publish and post up the judgment execution decision; notify the serving of penalty and judicial measure to relevant agencies, organizations, and individuals as prescribed in the Law on Execution of Criminal Judgments 2019;

+ Report on judgment execution of the criminal judgment execution agency.

- The sentenced corporate legal entity has other rights and obligations under the Law on Execution of Criminal Judgments 2019 and other regulations of relevant laws.

3. Responsibilities of the regulatory agency supervising the corporate legal entity in Vietnam

Responsibilities of the regulatory agency supervising the corporate legal entity according to Article 164 of the Law on Execution of Criminal Judgments 2019 are as follows:

- Based on the judgment execution decision and the request made by the criminal judgment execution agency, the regulatory agency supervising the corporate legal entity shall, within their tasks and powers, implement one or certain measures below:

+ Amend or terminate validity of the establishment and operation license or another equivalent document of the corporate legal entity during its suspension operation period; apply other measures as prescribed in law to ensure the serving of suspension of operation under the court judgment or decision;

+ Revoke or cancel the registration of the corporate legal entity or other equivalent document; revoke the business registration certificate of the corporate legal entity, do not reissue the establishment and operation license to the corporate legal entity subject to permanent shutdown; apply other measures as per the law to ensure execution of permanent shutdown under the court judgment or decision;

+ Cancel the registration; amend, suspend validity, revoke, refuse or do not reissue any or all of the permit or other equivalent document; terminate partly or wholly lines of business, operation of the corporate legal entity during its period of ban from operating in certain fields or ban from doing business; apply other measures as per the law to ensure the execution of ban from doing business or operation under the court judgment or decision;

+ At their discretion or at the request of relevant agencies amend, terminate, cancel, or revoke the license; refuse to issue license, approve or allow the capital raising during the ban period of the corporate legal entity; apply other measures as prescribed by law to ensure the execution of prohibition from raising capital under the court judgment or decision;

+ Implement measures as prescribed by law to ensure the restoration of original state or implement some measures for mitigation and prevention of consequences under such a legally effective court judgment or decision.

- 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.

- Notify the criminal judgment execution agency in writing of its performance of the judgment execution request and the corporate legal entity’s serving of the sentence.

- 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.

- Publish decisions and documents issued by the criminal judgment execution agency and measures which are applied to the corporate legal entity as prescribed in the Law on Execution of Criminal Judgments 2019.

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