Chương III Nghị định 44/2020/NĐ-CP: Bảo đảm thi hành quyết định cưỡng chế và chi phí cưỡng chế

Chapter III

GURANTEEING EXECUTION OF COERCIVE ENFORCEMENT DECISIONS AND COERCIVE ENFORCEMENT COSTS

Article 41. Measures to guarantee execution of coercive enforcement decisions

1. When a decision to take coercive measure is issued, if it is suspected that the against which the coercive enforcement measure is taken hides or damages property, the decision maker is entitled to request relevant organizations and local authority of the area where the corporation against which the coercive enforcement measure is taken has its headquarters located or where the property is available to freeze such property.

2. If the corporation against which the coercive enforcement measure is taken fails to execute the coercive enforcement decision, the competent criminal judgment enforcement agency is entitled to deploy forces and vehicles to guarantee the execution.

3. In order to guarantee the coercive enforcement of a judicial measure, after deducting the balance in the account or settling the securities or auctioning property, the competent criminal judgment enforcement agency shall hire a capable organization or individual under a fixed-price contract to take the judicial measure according to the effective court judgment or decision. The signature of the fixed-price contract shall comply with regulations of law.

Article 42. Transfer of the coercive enforcement decision to guarantee execution thereof

1. If the corporation against which the coercive enforcement measure is taken is located in a province but has its headquarters located in another province and is not able to execute the coercive enforcement decision in the area where it committed the violation, the coercive enforcement decision shall be transferred to the competent enforcement agency at the same level of the area where the corporation against which the coercive enforcement measure is taken has its headquarters located or where the property is available.

2. The authority in charge of transfer of the coercive enforcement decision shall transfer the case file to the agency at the same level of the area where the corporation against which the coercive enforcement measure is taken has its headquarters located or where the property is available.

Within 10 working days from the date on which the notice of transfer and file case are received, the agency at the same level of the area where the corporation against which the coercive enforcement measure is taken has its headquarters located or where the property is available shall execute the coercive enforcement decision and notify result to the transferor.

Article 43. Determination of coercive enforcement costs

1. The coercive enforcement costs shall be determined according to the costs incurred during execution of a coercive enforcement decision in a manner that suits prices in each area.

2. The coercive enforcement costs include:

a) Cost of deploying persons to execute the coercive enforcement decision;

b) Remuneration for persons that carry out property valuation for auction, cost of conducting property auctions;

c) Cost of hiring vehicles to carry out dismantling and transport objects and property;

d) Cost of distrained property protection;

dd) Cost of transfer of coercive enforcement decisions;

e) Cost of taking judicial measures;

g) Other actual costs (if any).

Article 44. Advance payment, return and payment of coercive enforcement costs

1. Part of the state budget shall be advanced to pay the coercive enforcement costs and reimbursed after receiving payments made by the corporation against which the coercive enforcement measure is taken.

2. The corporation against which the coercive enforcement measure is taken shall incur all coercive enforcement costs.

3. The Ministry of Finance shall provide guidance on management, provision, advance payment and reimbursement of coercive enforcement costs in accordance with regulations of the Law on State Budget.