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On April 8, 2020, the Government issued Decree No. 44/2020/ND-CP providing for enforcement of judgments against commercial legal entities. Accordingly, in cases where a commercial legal entity fails to abide by or does not fully comply with the court’s legally effective judgments or decisions, the competent criminal judgment-executing agency or the state management agency For commercial legal entities and other relevant agencies, organizations and individuals, coercive measures shall be applied. Specifically, these measures include:
Distraint of property with a value equivalent to the security guarantee enforcement amount (property distraint);
Temporarily seizing documents, vouchers, devices containing electronic data;
Temporarily seizing or withdrawing seals of commercial legal entities.
When a competent state agency applies coercive measures to judgment enforcement against a commercial entity, it must comply with the following principles:
Only implemented when there is a written enforcement decision of the competent criminal judgment enforcement agency;
Based on the penalties and judicial measures applicable to commercial legal entities, the content, nature, extent, conditions of execution of enforcement decisions and the actual situation in the locality;
The time limit for application of coercive measures to ensure the execution of a sentence does not exceed the time limit for serving the penalties under the legally effective judgments or decisions of the Court; The time limit for ensuring the execution of judicial measures is determined when the judicial measures are completed;
Commercial legal entity may be subject to one or several coercive measures at the same time if the application of a coercive measure is not sufficient to ensure the judgment execution;
Ensuring the lawful rights and interests of commercial legal entities, organizations and individuals involved in the enforcement of sentences.
Decree No.44/2020 / ND-CP of the Government officially takes effect from June 1, 2020.