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)