Decree No. 115/2017/ND-CP dated October 16, 2017 of the Government detailing orders, procedures, fines that corporate legal entities must pay to ensure enforcement; impoundment, refund, remittance to the state budget to ensure enforcement

THE GOVERNMENT

Decree No. 115/2017/ND-CP dated October 16, 2017 of the Government detailing orders, procedures, fines that corporate legal entities must pay to ensure enforcement; impoundment, refund, remittance to the state budget to ensure enforcement

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law No. 101/2015/QH13 dated November 27, 2015 of the National Assembly on criminal procedure code;

Pursuant to theCode No. 100/2015/QH13 dated November 27, 2015 of the National Assembly on Criminal;

Pursuant to the Resolution No. 41/2017/QH14 of the National Assembly on implementing a number of articles of the Code on Criminal No. 100/2015/QH13  amended and supplemented a number of articles under Law No. 12/2017/QH14 and Criminal Procedure Code No. 101/2015 / QH13; Law on Organization of Criminal Investigation Agency No. 99/2015 / QH13; Law on Detention No. 94/2015 / QH13;

At the proposal of the Minister of Justice;

The Government details orders, procedures, fines that corporate legal entities must pay to ensure enforcement; impoundment, refund, remittance to the state budget to ensure enforcement.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of application

This Decree stipulates on orders, procedures, fines that corporate legal entities under investigation, prosecution, trial must pay to enforce (including enforcement for fines and enforcement for compensation); impoundment, refund, remittance to the state budget to ensure enforcement.

Article 2. Subjects of application

This Decree applies for corporate entities that are applied forcible enforcement measures to pay an amount of money to ensure enforcement, judgment enforcement authorities, judgment enforcement officials, other organizations and individuals;

Article 3.Principles of payment for enforcement, refund and remittance to the state budget

1. Payment for enforcement, refund, remittance to the state budgetshall be only done based on the decision of investigation authorities, People’s Procuracy, People’s Court, civil prosecution authorities.

2. Payment, impoundment, refund, remittance to the state budget that corporate entities have paid must be implemented as stipulated under this Decree on orders, procedures and other laws;

Chapter II

PAYMENT, ORDERS, PROCEDURES FOR ENFORCEMENT

Article 4.Payment rate for enforcement

1. Currency to be paid for enforcement will be in Vietnamese dong or foreign currency under legal ownership corporate entities that are prosecuted, investigated and trialed.

Amounts paid for enforcement include fines and an amount of money for compensation.

2. Rate of payment shall be decided by prosecution authorities in each specific case but it shall not be under 50% and not higher than the highest fine as stipulated under clauses applied to prosecute, investigate and trial for corporate entities.

3. Rate of payment to ensure enforcement of compensation obligation shall be regulated as follows:

a) If clauses applied to prosecute, investigate and trial for corporate entities cover regulations on level of damages on assets, payment rate for compensation obligation shall be decided by prosecution authorities in each specific case but it shall not be under 50% and shall not be higher than the maximum level of damage on assets as stipulated under that clause;

b) If clauses applied to prosecute, investigate and trial for corporate entities are not covered on level of damages on assets, depending on each case, prosecution authorities might apply measures as stipulated to determine damage level to decide on specific amount of money that need to be paid by corporate entities. Payment level shall be decided on each case but it shall not higher than the actual level of damages that are determined.

Article 5.Orders, procedures for payment to ensure for enforcement

1. Within 7 days since the receipt of the decision of prosecution authorities on application of forcible measures on payment for enforcement, corporate entities that are applied this measure shall have to pay;

If there are any unavoidable reasons that prevent completion of payment, the deadline for payment shall be recalculated since the unavoidable obstacle happened.

2. Payment can be done through bank transfer or in cash to the account of investigation authorities or prosecution authorities opened at the State Treasury or financial military agencies.

If corporate entities pay in foreign currency, based on foreign currency rate of joint banks at the time of payment, an equivalent amount of foreign currency shall be paid for enforcement according to the decision of relevant prosecution authorities.

3.Procedures for payment of enforcement shall be regulated as follows:

a) After receiving the decision on application of forcible measures for enforcement by competent prosecution authorities, corporate entities shall transfer or pay in cash through transaction channels of the bank.

The bank shall provide documents on payment at the request of corporate entities to present to prosecution authorities that issue the decision on application of forcible measures for enforcement.

b) After receiving the money for enforcement, the State Treasury shall send documents to the agency that is the temporary account holder.

4. Procedures on payment for enforcement at the State Bank shall be regulated as follows:

a) The legal representatives or authorized representatives of corporate entities shall make 04 copies of payment slip if it is paid in cash or 04 copies of payment order if it is paid by the account at the State Treasury as a basis to enter an account to the account of investigation agencies or civil prosecution authorities.

b) After completing procedures on payment, the State Treasury shall save 01 copy of payment slip or payment order, give 02 copies to the payee, and send 01 copy to the account holder. Legal representatives or authorized representative of corporate entities shall submit 01 copy to the agency that issues the decision on application of forcible measures for enforcement.

5. If it is paid in cash at the financial military agencies, the beneficial agency shall make a certificate of payment with the signature of payers, payees and representatives of the agency that issues the decision on application of forcible measures for enforcement.

The certificate is made into 3 copies, 01 copy shall be given to representatives of the agency that issues the decision on application of forcible measures for enforcement, 01 copy shall be given to the payee, 01 copy shall be given to financial agency.

Financial military agencies shall pay the amount of money that corporate entities have already paid for enforcement to the account at the State Treasury.

Chapter III

IMPOUNDMENT, REFUND, REMITTANCE TO THE STATE BUDGET OF THE MONEY PAID FOR ENFORCEMENT

Article 6.Impoundmentof amount of money paid for enforcement

1. Impoundment of amount of money paid for enforcement shall be implemented as follows:

a) Amount of money has been paid for enforcement in the period of investigation and prosecution shall be kept in the account at the State Treasury of the investion agency;

b) Amount of money that has been paid for enforcement in the period of trial shall be kept in the account at the State Treasury of the civil prosecution agency where the Court of first instance is located;

c) Amount of money that has been paid according to the decision of investigation agencies in military, Military Procuracy, Military Court shall be kept in the account of equivalent financial agencies in military opened at the State Treasury.

2. After the Court issues the decision on trial, amount of money paid for enforcement that is kept in the account of investigation agencies shall be transferred to the account of civil judgment enforcement authorities according to the law. The transfer of money must be notified to the court of first instance.

Article 7.Refund of money that has been paid for enforcement

1. The State Treasury, Financial Military Agencies shall refund a part or the whole amount of money that corporate entities have paid for enforcement according to the decision of competent prosecution agencies.

Refund of foreign currency that corporate entities have paid for enforcement shall be done based on principles of returning exactly foreign currency and original currency that has been paid. If it is only refunded a part of money, after being paid to the state budget as stipulated, the rest of foreign currency shall be paid to corporate entities.

2. Refunding of amount of money that corporate entities have been paid for enforcement and kept by the State Treasury shall be implemented as follows:

a) After receiving the decision of the competent authorities for prosecution on returning a part or the whole amount of money that have been paid for enforcement, corporate entities shall send a written request on returning money to the account holder that are keeping money. Attached together with the request is the decision of competent authorities for prosecution on returning money. If it is done through transfer, it must be clearly mentioned names, identity number of the receiver.

b) Within 3 days since the receipt of the request for returning money by corporate entities, the account holder shall prepare documents to send to the State Treasury to return money to corporate entities according to the decision of competent authorities for prosecution, document include 03 copies of cash withdrawal slip (if it is done in cash) or 3 copies of payment order (if it is transferred to the account of corporate entities); if it is transferred to the account of corporate entities opened at the State Treasury, 4 copies of payment order shall be made.

c) Within 3 days since the receipt of documents on returning money, the State Treasury shall return money as mentioned in the documents on returning money to the account of corporate entities or pay in cash according to the law;

After returning money, the State Treasury shall give 01 copy of document to corporate entities (if corporate entities open an account at the State Treasury);02 copies of documents for the account holder. The account holder shall send 01 copy of documents to the agency that issues the decision on returning money, 01 copy will be saved at the State Treasury.

3. The return of money that has been paid for enforcement that competent financial agenciesin military shall be implemented as follows:

a) After receiving the decision of competent authorities for prosecution on returning a part or the whole amount of money has been paidfor enforcement, corporate entities shall send a request on returning money to competent authorities for prosecution or civil enforcement agencies attached together with the decision on returning money by competent authorities for prosecution. The request must clearly mention that the amount of money shall be transferred or paid. If it is transferred, the name of the account must be clearly written.

b) Within 3 days since the receipt of the request for returning money from corporate entities, the agency receiving the request shall make a set of application documents on returning money according to the decision of competent authorities for prosecution on returning money and send to the financial agencies in military.

The application documents include: application on requesting the financial agency in military to return the amount of money that has been paid for enforcement of which, clearly mention the money will be returned by transfer or in cash; decision of competent authorities for prosecution on returning a part or the whole amount of money paid for enforcement and a minute on giving and receiving the money paid for enforcement;

c) Based on the application, financial agencies in military shall process procedures to return money to the account of corporate entities or return in cash according to current regulations.

If it is returned in cash, the minute with signatures of returning party (representative of financial agencies in military) or receiving party (legal representatives or authorized representative of corporate entities. The minute shall be made into 3 copies, the returning party keeps 01 copy and the receiving party shall keep 01 copy and 01 copy shall be send to the agency that issues the decision on returning money paid for enforcement.

Article 8.Remittance to the state budget the amount of money that has been paid for enforcement

1. The amount of money that has been paid for enforcement shall be put in the state budget if it is clearly mentioned in the decision issued by competent authorities for prosecution that this amount of money is submitted to the state budget for enforcement for fines or compensation according to the effective decision of the Court.

2. Within 3 days since the effective day of the decision on enforcement, the agency that is the account holder keeping money paid for enforcement shall send 3 copies of payment order and the decision on enforcement to the State Treasury.

3. After receiving payment order attached together with the decision on enforcement as stipulated under Clause 2 of this Article, the State Treasury shall save a copy of documents and send 01 copy of documents to the agency that issues the decision on returning money paid for enforcement.

Article 9.Responsibilities of the State Treasury, financial agencies in military in keeping, returning and paying to the state budget the amount of money that has been paid for enforcement

1. To receive and keep the amount of money that has been paid for enforcement as stipulated under this Decree and other regulations.

2. To pay to the state budget or return a part of the amount of money that corporate entities have paid for enforcement as stipulated under this Decree.

3. To tightly coordinate with competent authorities for prosecution, the account holder in implementing forcible measures on payment for enforcement; create a favorable condition for returning money.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10.Effect

This Decree takes effect on January 01, 2018.

Article 11. Implementation responsibilities

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and centrally run cities and applied subjects are responsible for the implementation of this Decree.

FOR THE GOVERNMENT

PRIME MINISTER

NGUYEN XUAN PHUC