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Official Gazette

Saturday, July 4, 2020
Tags: Judgment execution
Legal framework for enforcement of criminal judgments against businesses Legal framework for enforcement of criminal judgments against businesses
On April 8, 2020, the Government issued Decree 44/2020/ND-CP (Decree 44), prescribing enforcement of judgments against commercial legal persons in a move to detail the 2019 Law on Execution of Criminal Judgments. With this Decree, set to take effect from July, the legal framework for execution of criminal judgments against commercial legal persons has been fundamentally completed, guaranteeing the enforcement of the 2015 Penal Code’s provisions concerning criminal handling of commercial legal persons.
Coercive measures applicable to commercial legal persons to be decreed Coercive measures applicable to commercial legal persons to be decreed
Commercial legal persons that fail to serve or fully serve legally effective judgments or rulings of courts would be subject to freezing of bank accounts and securities accounts.
Constitutional provisions on human rights in criminal proceedings should be further concretized Constitutional provisions on human rights in criminal proceedings should be further concretized
Vietnam’s 2013 Constitution (the Constitution) provides for the first time human rights and citizens’ rights in Chapter II with significant progress in the recognition and exercise of these rights as well as specific cases where these rights may be limited.
Inmate labor under the 2019 Law on Execution of Criminal Judgments Inmate labor under the 2019 Law on Execution of Criminal Judgments
In Vietnam, since 1945 the law on execution of imprisonment sentences has always considered labor a fundamental element of the inmate education regime. According to the traditional theory of combined punishment and education, labor is always a duty of inmates. Under the 2015 Penal Code (revised in 2017) (the Penal Code), inmates must serve their imprisonment sentences and work and learn so as to become useful to the society[1]. Compared to other daily activities of inmates, their working activities are to be carried out throughout their sentence serving period and exert important effects on their education and reform results. Through these activities inmates can learn working skills and generate some incomes for their future community integration. That’s why the Law on Execution of Criminal Judgments (the Law) seeks to improve the inmate labor regime primarily for raising the effectiveness of inmate education and reform.
Regulations on exit of judgment debtors clarified Regulations on exit of judgment debtors clarified
Vietnamese citizens who have not yet fulfilled their civil judgment execution obligations would not be allowed to leave the country. It is proposed by the Ministry of Justice in a draft decree revising Decree 62 of 2015, detailing the Law on Execution of Civil Judgments.
Judgment execution for commercial legal entities brought into law Judgment execution for commercial legal entities brought into law
Members of the National Assembly Standing Committee on September 13 discussed draft amendments to the 2010 Law on Execution of Criminal Judgments, focusing on implementation of criminal sentences and judicial measures imposed on commercial legal entities and the conditional early release policy.
Evidence and sources of evidence under the Criminal Procedure Code Evidence and sources of evidence under the Criminal Procedure Code
In criminal procedure, evidence plays a particularly important role in all criminal proceedings, from investigation, prosecution to trial, serving as a tool to prove or identify facts and circumstances significant to the settlement of criminal cases. This article analyzes provisions on evidence and sources of evidence in Vietnam’s criminal procedure law.
General rules on recognition and enforcement of foreign arbitral awards in Vietnam General rules on recognition and enforcement of foreign arbitral awards in Vietnam
The article discusses recent provisions of Vietnamese law and international legal instruments concerning the recognition and enforcement of foreign arbitral awards in Vietnam.
New rules on registration of security interests New rules on registration of security interests
Registration is the most common method of perfecting security interests. On September 1, 2017, the Government issued Decree102/2017/ND-CP on registration of security interests with effect from October 15, 2017. This long-awaited legal text implementing the 2015 Civil Code contains various new provisions on registration of security this article will try to analyze.
Law on State Compensation Liability Law on State Compensation Liability
Compared to its predecessor enacted in 2009, the Law contains numerous new provisions consistent with the 2013 Constitution and relevant codes and laws promulgated in 2015 such as the Civil Code, Penal Code, Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedures, and Law on Custody and Temporary Detention.

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