Chương 5 Nghị định 110/2013/NĐ-CP: Hành vi phạm hành chính, hình thức xử phạt và biện pháp khắc phục hậu quả trong lĩnh vực thi hành án dân sự

Chapter 5.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF CIVIL JUDGMENT ENFORCEMENT

Article 52. Acts of violation of regulations in the field of civil judgment enforcement

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of receiving notice or summons for the second time from the person having jurisdiction of judgment enforcement but failing to come to the venue without plausible reason.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of failing to provide information and deliver documents related to treated property for judgment enforcement as required by the person having jurisdiction of judgment enforcement without plausible reason.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to perform the required work; failing to stop terminating prohibited work under the judgment or decision;

b) Delaying the judgment enforcement obligation in case of having conditions to execute the judgment;

c) Failing to comply with the commitment agreed under the decision on agreement recognition of the People’s Court;

d) Providing false evidences to civil judgment enforcement agencies.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Damaging property so as not to fulfill the judgment enforcement obligations or evade the property distraint;

b) Destroying the seal of property distraint;

c) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on the deducted income.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Dispersing property so as not to perform the judgment enforcement obligation or evade the property distraint;

b) Illegally using, consuming, transferring, fraudulently exchanging, hiding or changing the state of distrained property;

c) Destroying the distrained property;

d) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on collection of judgment performer’s money being kept by a third person;

dd) Deliberately failing to carry out ​​the decision to apply provisional urgent measures of the People's Court or the judgment or decision to be enforced immediately.

6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Failing to abide by the decision of the person having jurisdiction of judgment enforcement on deducted account or revocation of valuable papers of the judgment performer;

b) Failing to to abide by the decision of the person having jurisdiction of judgment enforcement on the collection of money collection from the business activities of judgment performer, on the collection of money being kept by the judgment performer;

7. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for failing to freeze the account of the judgment performer under the decision of person having jurisdiction of judgment enforcement

8. Remedial measures:

Coercively restoring the initial condition which has been changed for the acts specified at Point a, Clause 4, Point a and b, Clause 5 of this Article.