Decree No. 55/2020/ND-CP detailing the Law on Execution of Criminal Judgments

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Decree No. 55/2020/ND-CP dated May 22, 2020 of the Government detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons
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Official number:55/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:22/05/2020Effect status:
Known

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Fields:Commerce - Advertising , Criminal

SUMMARY

Judgment execution is still organized even when the summoned person is intentional absence

This content is prescribed by the Government in the Decree No. 55/2020/ND-CP on detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons on May 22, 2020.

Accordingly, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must send a written summon to the legal representative of the commercial legal person to notify and request a judgment execution.

In case the summoned person cannot be present according to the request for summoning due to the force majeure reasons or objective disincentives, he/she must report in writing and such absence must be approved in writing by the criminal judgment execution agency. In such case, the criminal judgment execution agency may postpone the working session to another time but must not exceed 10 days from the date on which the judgment execution decision is received.

Noticeably, in case the summoned person intentionally does not show up within the time limit for the summoning, the criminal judgment execution agency shall make a record of the absence and continue to carry out the judgment execution.

In addition, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must prepare a judgment execution file for each commercial legal person.

This Decree takes effect on July 15, 2020.

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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 55/2020/ND-CP

 

Hanoi, May 22, 2020

 

DECREE

Detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons[1]

 

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

Pursuant to the November 27, 2015 Penal Code (revised under Law No. 12/2017/QH14 of June 20, 2017);

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the November 24, 2015 Civil Code;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides in detail judgment execution against commercial legal persons prescribed in Articles 160, 164 and 165 of the Law on Execution of Criminal Judgments.

Article 2. Subjects of application

This Decree applies to sentence-serving commercial legal persons (below referred to as commercial legal persons); state management agencies in charge of commercial legal persons; agencies, organizations and individuals competent to execute criminal judgments against commercial legal persons; People’s Committees at all levels, and agencies, organizations and individuals involved in judgment execution against commercial legal persons.

Article 3. Agencies, organizations and individuals executing judgments against commercial legal persons

1. Criminal judgment execution agencies of provincial-level Departments of Public Security and criminal judgment execution agencies of military zones (below collectively referred to as criminal judgment execution agencies) shall assume the prime responsibility for organizing judgment execution against commercial legal persons.

2. State management agencies in charge of commercial legal persons defined in Clause 25, Article 3 of the Law on Execution of Criminal Judgments shall coordinate with criminal judgment execution agencies at the latter’s request in executing judgments against commercial legal persons.

3. Agencies, organizations and individuals shall, within the ambit of their tasks and powers, coordinate with criminal judgment execution agencies and state management agencies in charge of commercial legal persons in executing judgments against commercial legal persons.

Article 4. Expenses for securing judgment execution against commercial legal persons

1. Expenses for securing criminal judgment execution against commercial legal persons shall be paid by the state budget.

2. Expenses of criminal judgment execution agencies for carrying out judgment execution against commercial legal persons shall be estimated in annual funding sources for criminal judgment execution.

3. Expenses of state management agencies in charge of commercial legal persons for carrying out judgment execution against commercial legal persons shall be estimated and account-finalized in regular operation funding sources of such agencies.

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[1] Công Báo Nos 601-602 (31/5/2020)

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