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

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.

Chapter II

ORDER AND PROCEDURES FOR CRIMINAL JUDGMENT EXECUTION AGAINST COMMERCIAL LEGAL PERSONS

Article 5.Receipt of judgments and judgment execution decisions

1. Upon receiving a judgment and a judgment execution decision, a criminal judgment execution agency shall check the contents specified in Clause 1, Article 159 of the Law on Execution of Criminal Judgments. In case of detecting unclear points in such judgment or decision, this agency shall promptly request in writing the court that has made the judgment and decision to explain or modify them.

2. Within 3 working days after receiving a judgment and a judgment execution decision, the head of a criminal judgment execution agency shall issue a decision to assign the officer that has accepted the judgment execution to carry out procedures for judgment execution against the sentenced commercial legal person.

3. Within 3 working day after receiving a judgment and a judgment execution decision, a criminal judgment execution agency shall request in writing the sentenced commercial legal person to report on performance of jobs and measures to execute the judgment and judgment execution decision, unless it has received the report specified in Clause 4 of this Article.

4. Within 3 working days after receiving a judgment and a judgment execution decision, the sentenced commercial legal person shall perform jobs and measures in accordance with the Law on Execution of Criminal Judgments and report in writing on performance results to the concerned criminal judgment execution agency.

Article 6.Identification of state management agencies in charge of commercial legal persons which are responsible for judgment execution

1. Based on judgments and judgment execution decisions, criminal judgment execution agencies shall identify agencies which are involved in the operation of sentenced commercial legal persons for coordination in effectively executing judgments against such commercial legal persons.

2. Within 5 working days after receiving a judgment execution decision, the head of a criminal judgment execution agency shall issue a decision on a list of state management agencies in charge of the sentenced commercial legal person and send, together with the judgment execution decision, a written request to such agencies for coordination in organizing judgment execution against such commercial legal person. Such request must clearly state measures to be implemented by state management agencies in charge of the commercial legal person under Article 164 of the Law on Execution of Criminal Judgments to secure effective judgment execution.

3. Right after receiving a written request of a criminal judgment execution agency, state management agencies in charge of the sentenced commercial legal person shall implement the measures specified in Clause 1, Article 164 of the Law on Execution of Criminal Judgments as stated in such request. Within 5 working days after receiving the request of the criminal judgment execution agency, state management agencies in charge of the sentenced commercial legal person shall notify in writing the criminal judgment execution agency of the fulfillment of such request in the judgment execution and of the sentence serving by the commercial legal person for monitoring and inclusion in a judgment execution file.

Article 7.Summoning of at-law representatives of commercial legal persons for notifying and requesting judgment execution

1. Within 3 working days after receiving a judgment execution decision, a criminal judgment execution agency shall send a summons to the at-law representative of the sentenced commercial legal person for notifying and requesting judgment execution. Such summons must clearly state the full name and position of the summoned person; purposes, contents, date and place of the working meeting with such person.

The criminal judgment execution agency shall send a notice of the summoning and work with the at-law representative of the commercial legal person to the same-level procuracy and assign a procurator to carry out supervision (if necessary).

2. Persons to work with a summoned person include the head of the criminal judgment execution agency or his/her authorized deputy head who shall chair the meeting; the officer who directly undertakes the judgment execution and other officers of the criminal judgment execution agency; at-law representative of the commercial legal person; and representative of the procuracy (if any). In case of necessity, the criminal judgment execution agency may additionally invite officers of agencies and units involved in the judgment execution to the working meeting. Upon conclusion of the working meeting, a meeting minutes shall be made bearing signatures of the person chairing the meeting, the summoned person, the officer who undertakes the judgment execution, and the representative of the procuracy (if he/she has attended the working meeting).

3. In case a summoned person cannot show himself/herself up due to aforce majeureevent or an external obstacle, he/she shall report such in writing and obtain a written approval of the criminal judgment execution agency. In this case, the criminal judgment execution agency shall postpone the working meeting to another day, which must be within 10 days after receiving the judgment execution decision.

In case the summoned person is intentionally absent from the working meeting, the criminal judgment execution agency shall make a minutes of his/her absence and continue organizing the judgment execution.

Article 8.Judgment execution files

1. Within 3 working days after receiving a judgment execution decision, a criminal judgment execution agency shall make a judgment execution file. For every sentenced commercial legal person, one judgment execution file shall be made.

2. Criminal judgment execution agencies shall manage and add documents in judgment execution files to ensure such files contain all documents required in Article 161 of the Law on Execution of Criminal Judgments.

3. The preservation and archive of files and documents on judgment execution against commercial legal persons must comply with regulations of the Ministry of Public Security and Ministry of National Defense.

Article 9.Publicization of judgment execution decisions and certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures

1. Publicization of judgment execution decisions

a/ For criminal judgment execution agencies:

Within 3 working days after receiving a judgment execution decision, a criminal judgment execution agency shall post such decision on its website.

In case a provincial-level Department of Public Security’s criminal judgment execution agency has no website, judgment execution decisions shall be posted on the website of the provincial-level Department of Public Security. In case the provincial-level Department of Public Security has no website, judgment execution decisions shall be posted on the website of the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

In case a criminal judgment execution agency of a military zone has no website, judgment execution decisions shall be posted on the website of the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

b/ For commercial legal persons:

Within 3 working days after receiving a judgment execution decision, a sentenced commercial legal person shall publicize such decision on its website and publications and post it up at its head office and business locations under Point b, Clause 1, Article 160 of the Law on Execution of Criminal Judgments; notify the serving of penalties and judicial measures to related agencies, organizations and individuals; and report implementation results to the concerned criminal judgment execution agency and its state management agency.

The criminal judgment execution agency shall carry out inspection and supervision to ensure maintenance of publicization and posting of the judgment execution decision. In case the commercial legal person commits a violation, the criminal judgment execution agency shall request the former to publicize and post up the decision and, depending on severity of the violation, make a minutes of violation and request the sanctioning of administrative violation in accordance with law.

c/ For state management agencies in charge of commercial legal persons:

Within 5 working days after receiving a written request of a criminal judgment execution agency, state management agencies in charge of the sentenced commercial legal person identified by the criminal judgment execution agency under Article 6 of this Decree shall publicize the judgment execution decision on their portals or websites.

Provincial-level business registry offices shall post and publicize judgment execution decisions on the national business registration portal, for enterprises established and operating in accordance with the Law on Enterprises in their localities.

d/ The publicization and posting of judgment execution decisions by criminal judgment execution agencies, commercial legal persons and state management agencies in charge of commercial legal persons must comply with Points a, b and c of this Clause and shall be maintained throughout the course of judgment execution.

2. Publicization of certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures:

a/ Criminal judgment execution agencies shall publicize certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures on their websites right after granting them. If having no websites, criminal judgment execution agencies shall publicize these certificates like the publicization of judgment execution decisions prescribed at Point a, Clause 1 of this Article;

b/ Commercial legal persons shall publicize and post up certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures within 3 working days after receiving them like the publicization and posting of judgment execution decisions prescribed at Point b, Clause 1 of this Article;

c/ State management agencies in charge of commercial legal persons shall publicize certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures within 3 working days after receiving them like the publicization judgment execution decisions prescribed at Point c, Clause 1 of this Article.

d/ The time limit for maintenance of publicization or posting of certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures is 30 days.

Article 10.Inspection and supervision of the sentence serving by commercial legal persons

1. Commercial legal persons shall report in writing to criminal judgment execution agencies on the situation and results of sentence serving once every 3 months (except where the sentence serving period is under 3 months).

Criminal judgment execution agencies shall report on results of judgment execution against commercial legal persons to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

2. In case it is necessary to verify or clarify matters related to judgment execution, criminal judgment execution management agencies shall request commercial legal persons to report and clarify such matters in writing. Commercial legal persons shall report and provide information and documents within the ambit of their powers, responsibilities and obligations to criminal judgment execution agencies.

3. Inspection of sentence serving by commercial legal persons:

a/ After receiving reports of commercial legal persons specified in Clauses 3 and 4, Article 5 of this Decree, criminal judgment execution agencies shall inspect the actual judgment execution by such commercial legal persons;

b/ In the course of sentence serving, criminal judgment execution agencies shall base themselves on requirements on judgment execution assurance to inspect sentence serving by commercial legal persons;

c/ At least 15 days before the expiration of the sentence serving period, criminal judgment execution agencies shall base themselves on requirements on judgment execution assurance to inspect sentence serving by commercial legal persons in order to have grounds for granting certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures;

d/ While carrying out inspection, if finding it necessary, criminal judgment execution agencies may request state management agencies in charge of commercial legal persons to assign their officers to participate in inspection and invite scientists and experts to assist their inspection. State management agencies in charge of commercial legal persons shall coordinate with criminal judgment execution agencies in carrying out inspection, and assign their officers with appropriate professional qualifications to participate in the inspection. Commercial legal persons shall coordinate with, and fulfill requirements of, criminal judgment execution agencies in the course of inspection;

dd/ The inspection of commercial legal persons shall be recorded in minutes for inclusion in judgment execution files. Criminal judgment execution agencies shall report on inspection results upon completion of each inspection to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or the Criminal Judgment Execution Management Agency of the Ministry of National Defense;

e/ Inspection of commercial legal persons may only be carried out within the scope of judgment execution and must not affect other activities of inspected commercial legal persons.

Article 11.Grant of certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures

1. The grant and sending of certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures must comply with Article 166 of the Law on Execution of Criminal Judgments.

a/ For the penalty of operation suspension for a definite term, prohibition from doing business or operating in certain fields, or prohibition from raising capital, a criminal judgment execution agency shall grant a certificate of completion of the serving of penalty within 5 working days after the expiration of the sentence serving period;

b/ For the penalty of operation termination, when having grounds for determining that a commercial legal person can no longer assume its operation, a criminal judgment execution agency shall coordinate with state management agencies in charge of such commercial legal person in verifying and making minutes of such fact to serve as a basis for concluding the judgment execution against the commercial legal person;

c/ For the judicial measure of forcible restoration to the original state or forcible implementation of measures to remediate or prevent possible further consequences, a criminal judgment execution agency shall grant a certificate of completion of the serving of judicial measure within 5 working days after the judicial measure is completely implemented.

2. In case a commercial legal person is dissolved or falls bankrupt, a criminal judgment execution agency shall carry out procedures for concluding the judgment execution as follows:

a/ The criminal judgment execution agency shall coordinate with state management agencies in charge of the commercial legal person in making a minutes stating the dissolution or bankruptcy of the commercial legal person;

b/ The head of the criminal judgment execution agency shall issue a decision on termination of judgment execution against the commercial legal person and send it to the court that has issued the judgment execution decision, the same-level procuracy, the commercial legal person and state management agencies in charge of the commercial legal person;

c/ The criminal judgment execution agency and state management agencies in charge of the commercial legal person shall publicize the decision on termination of judgment execution against the commercial legal person under Clause 2, Article 9 of this Decree.

Chapter III

TRANSFER OF JUDGMENT EXECUTION OBLIGATION IN CASE COMMERCIAL LEGAL PERSONS ARE REORGANIZED

Article 12.Consideration of and decision on judgment execution against commercial legal persons planned to be reorganized

1. Commercial legal persons planned to be reorganized shall report in writing to concerned criminal judgment execution agencies and their state management agencies on planned performance of their judgment execution obligation while being reorganized in order to complete judgment execution procedures. Such a report must clearly state the sentence serving situation and results; and sentence serving orientations and responsibility of commercial legal persons after being reorganized.

2. While considering and permitting a commercial legal person to be reorganized, state management agencies in charge of such commercial legal person shall notify such in writing to the concerned criminal judgment execution agency for taking the initiative in organizing judgment execution when such commercial legal person is reorganized.

3. Within 5 working days after receiving a notice from state management agencies in charge of the commercial legal person, the criminal judgment execution agency shall request in writing the court that has issued the judgment execution decision and the same-level procuracy for their opinions on judgment execution against such commercial legal person when it is reorganized.

Within 5 working days after receiving a written reply of the court that has issued the judgment execution decision, the criminal judgment execution agency shall reply in writing to the commercial legal person and its state management agencies regarding judgment execution against the commercial legal person when it is reorganized.

4. For reorganized commercial legal persons, concerned criminal judgment execution agencies shall notify the post-reorganization judgment execution obligation to provincial-level Departments of Justice of localities where the commercial legal persons are located before being reorganized for updating to the database on criminal records.

Article 13.Judgment execution in case commercial legal persons are divided or split up

1. The judgment execution obligation in case commercial legal persons are divided or split up is as follows:

a/ Only in case all matters and fields subject to judgment execution are transferred to a new commercial legal person, shall such commercial legal person perform the whole judgment execution obligation;

b/ In case matters and fields subject to judgment execution are transferred to different new commercial legal persons, such commercial legal persons shall perform their respective judgment execution obligation as transferred.

2. Judgment execution in case commercial legal persons are divided or split up shall be carried out as follows:

a/ In case the commercial legal person taking over the judgment execution obligation is located in the same provincial-level administrative unit or military zone with the commercial legal person before the division or splitting-up, the criminal judgment execution agency currently carrying out the judgment execution against the latter shall continue the judgment execution in accordance with the Law on Execution of Criminal Judgments and this Decree;

b/ In case the commercial legal person taking over the judgment execution obligation is located outside the provincial-level administrative unit or military zone, the criminal judgment execution agency of the locality where the former is located shall make a judgment execution file and organize the judgment execution in accordance with the Law on Execution of Criminal Judgments and this Decree.

The criminal judgment execution agency currently carrying out the judgment execution against the commercial legal person before the division or splitting-up shall make and send copies of documents in the judgment execution file to the criminal judgment execution agency of the locality where the commercial legal person taking over the sentence serving obligation is located for organizing the judgment execution.

3. The period of sentence serving experienced by a commercial legal person before it is divided or split up shall be accounted into the sentence serving period of commercial legal persons taking over the judgment execution obligation.

Article 14.Judgment execution in case commercial legal persons are consolidated or merged

1. Commercial legal persons taking over sentence-serving commercial legal persons when the latter are consolidated or merged shall take up the latter’s judgment execution obligation.

2. Judgment execution in case commercial legal persons are consolidated or merged shall be carried out as follows:

a/ In case the commercial legal person taking over the judgment execution obligation is located in the same provincial-level administrative unit or military zone with the commercial legal person before the consolidation or merger, the criminal judgment execution agency currently carrying out the judgment execution against the latter shall continue the judgment execution in accordance with the Law on Execution of Criminal Judgments and this Decree;

b/ In case the commercial legal person taking over the judgment execution obligation is located outside the provincial-level administrative unit or military zone where the commercial legal person before the consolidation or merger is located, the criminal judgment execution agency currently carrying out the judgment execution against the latter shall hand over the judgment execution file to the criminal judgment execution agency of the locality where the former is located for organizing the judgment execution in accordance with the Law on Execution of Criminal Judgments and this Decree.

c/ The period of sentence serving experienced by the commercial legal person before it is consolidated or merged shall be accounted into the sentence serving period of commercial legal persons taking over the judgment execution obligation.

Article 15.Judgment execution in case commercial legal persons are transformed

1. The transformation of commercial legal persons does not change their judgment execution obligation. Commercial legal persons shall report on their transformation to concerned criminal judgment execution agencies.

2. State management agencies in charge of commercial legal persons shall provide information about transformation of sentence-serving commercial legal persons to concerned criminal judgment execution agencies for continued organization of judgment execution against commercial legal persons.

3. Criminal judgment execution agencies of provincial-level Departments of Public Security and criminal judgment execution agencies of military zones shall continue carrying out judgment execution in accordance with the Law on Execution of Criminal Judgments and this Decree.

Chapter IV

RESPONSIBILITIES OF STATE AGENCIES IN JUDGMENT EXECUTION AGAINST COMMERCIAL LEGAL PERSONS

Article 16.Responsibilities of the Ministry of Public Security in judgment execution against commercial legal persons

1. To perform the tasks and exercise the powers provided in Article 195 of the Law on Execution of Criminal Judgments in judgment execution against commercial legal persons.

2. The Criminal Judgment Execution Management Agency of the Ministry of Public Security shall:

a/ Guide and direct criminal judgment execution agencies of provincial-level Departments of Public Security in carrying out judgment execution against commercial legal persons;

b/ Coordinate with related agencies and units in executing judgments against commercial legal persons;

c/ Disclose information related to judgment execution against commercial legal persons;

d/ Promulgate forms and books for monitoring judgment execution against commercial legal persons;

dd/ Make statistics and reports on judgment execution against commercial legal persons;

e/ Perform other tasks as directed by the Minister of Public Security.

Article 17.Responsibilities of the Ministry of National Defense in judgment execution against commercial legal persons

1. To perform the tasks and exercise the powers provided in Article 196 of the Law on Execution of Criminal Judgments in judgment execution against commercial legal persons.

2. The Criminal Judgment Execution Management Agency of the Ministry of National Defense shall:

a/ Guide and direct criminal judgment execution agencies of military zones in carrying out judgment execution against commercial legal persons;

b/ Coordinate with related agencies and units in executing judgments against commercial legal persons;

c/ Disclose information related to judgment execution against commercial legal persons;

d/ Make statistics and reports on judgment execution against commercial legal persons;

dd/ Perform other tasks as directed by the Minister of National Defense.

Article 18.Responsibilities of ministries and sectors in judgment execution against commercial legal persons

1. Within the ambit of their assigned functions and tasks, ministries and ministerial-level agencies shall coordinate with the Ministry of Public Security and Ministry of National Defense in executing judgments against commercial legal persons.

2. To direct their attached agencies, units and organizations to coordinate with the Criminal Judgment Execution Management Agency of the Ministry of Public Security, the Criminal Judgment Execution Management Agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level Departments of Public Security and criminal judgment execution agencies of military zones in executing judgments against commercial legal persons.

Article 19.Responsibilities of People’s Committees at all levels in judgment execution against commercial legal persons

1. Provincial-level People’s Committees shall:

a/ Perform the tasks and exercise the powers provided in Clause 1, Article 204 of the Law on Execution of Criminal Judgments;

b/ Direct state management agencies in charge of commercial legal persons under their management in performing tasks and exercising powers regarding judgment execution against commercial legal persons.

2. District-level People’s Committees shall:

a/ Direct specialized agencies and commune-level People’s Committees to coordinate with criminal judgment execution agencies of provincial-level Departments of Public Security in executing judgments against commercial legal persons in their localities;

b/ Direct state management agencies in charge of commercial legal persons under their management to perform tasks and exercise powers regarding judgment execution against commercial legal persons.

3. Commune-level People’s Committees shall coordinate with criminal judgment execution agencies of provincial-level Departments of Public Security in executing judgments against commercial legal persons in their localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20.Effect

This Decree takes effect on July 15, 2020.

Article 21.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and subjects of application of this Decree shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC