Some issues of coercive execution of commercial legal judgments from June 1, 2020

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Recently, the government issued Decree 44/2020 / ND-CP on enforcement of commercial legal judgments, the official decree takes effect from June 1, 2020.
The decree stipulating measures to enforce judgment on commercial legal entities include:
– Accounts frozen.
– Distraint of property with a value corresponding to the amount of security for enforcement of judicial measures (property distraint).
– Temporarily seizing documents, vouchers, devices containing electronic data; temporarily seizing or withdrawing seals of commercial legal entities.
The application of coercive measures to judgment enforcement against commercial legal entities must ensure the following principles:
– The coercion shall be effected only when there is a written enforcement decision of the competent criminal judgment-executing agency.
– Decisions on application of coercive measures must be based on penalties and judicial measures applicable to commercial legal entities, contents, properties, levels, conditions of execution of enforcement decisions and the situation. reality 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.

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