Chapter III
TRANSFER OF LIABILITY TO SERVE THE SENTENCE UPON CORPORATE REORGANZIATION
Article 12. Consideration of the sentence serving by corporate entity upon corporate reorganization
1. The corporate entity, to be reorganized, shall report the criminal enforcement agency and supervisory agencies in writing on their plan to serve the sentence upon the reorganization. The report must state how the circumstance has been, how the sentence has been served; measure, and liability to serve the sentence of the corporate entity after reorganization.
2. The supervisory agencies, whilst considering the request for reorganization filed by the corporate entity, shall notify the criminal enforcement agency in writing in order to take initiative in judgment enforcement upon the reorganization of the corporate entity.
3. Within 5 working days after receiving the notice of the supervisory agency, the criminal enforcement agency shall seek consultation from the sentencing court and the same-level procuracy in writing as for the judgment enforcement against the corporate entity after its reorganization.
Within 5 working days after receiving the consultation response from the sentencing court, the criminal enforcement agency shall give a response to the supervisory agency as for the judgment enforcement against the corporate entity after its reorganization.
4. Where the corporate entity has been reorganized, the criminal enforcement agency shall identify the entity incurring liability to serve the sentence after reorganization and notify that to the Department of Justice of province where the predecessor is headquartered for update to the database of criminal records.
Article 13. Enforcement of judgment upon total or partial division of corporate entity
1. Liability to serve the sentence total or partial division of corporate entity:
a) Should the criminal liability is transferred totally to one successor, such successor shall incur the entire liability to serve the sentence;
b) Should the criminal liability is transferred to more than one successor, such successors shall incur their equivalent liability to serve the sentence.
2. Judgment enforcement upon total or partial division of corporate entity:
a) Where the successor incurring the liability to serve the sentence is based in the same province or military zone with the predecessor, the criminal enforcement agency in charge of the predecessor shall keep enforcing the judgment as prescribed in the Law on Enforcement of Criminal Judgments and this Decree;
b) Where the successor incurring the liability to serve the sentence is based outside the province or military zone with the predecessor, the criminal enforcement agency in administrative division where the predecessor is headquartered shall prepare a judgment enforcement dossier and enforce the judgment as prescribed in the Law on Enforcement of Criminal Judgments and this Decree.
The criminal enforcement agency which has enforced the judgment against the predecessor shall copy and forward the judgment enforcement dossier to the criminal enforcement agency in charge of the successor.
3. The length of time that the predecessor has served the sentence shall be carried forward to the serving time of the successors.
Article 14. Enforcement of judgment upon consolidation or acquisition of corporate entity
1. The successor, upon transfer of rights and liabilities from a predecessor which has been serving a sentence, is obliged to assume the liability to serve such sentence.
2. Enforcement of judgment upon consolidation or acquisition of corporate entity:
a) Where the successor incurring the liability to serve the sentence is based in the same province or military zone with the predecessor, the criminal enforcement agency in charge of the predecessor shall keep enforcing the judgment as prescribed in the Law on Enforcement of Criminal Judgments and this Decree;
b) Where the successor incurring the liability to serve the sentence is based outside the province or military zone with the predecessor, the criminal enforcement agency in administrative division where the predecessor is headquartered shall prepare an judgment enforcement dossier and enforce the judgment as prescribed in the Law on Enforcement of Criminal Judgments and this Decree;
c) The length of time that the predecessor has served the sentence shall be carried forward to the serving time of the successor.
Article 15. Enforcement of judgment upon conversion to other business form of the corporate entity
1. In a case where the corporate entity converts its business form, its liability to serve the sentence remains unchanged. The corporate entity shall report the criminal enforcement agency on its conversion of business form.
2. The supervisory agency shall notify the criminal enforcement agency in a case where the corporate entity converts its business form for continued judgment enforcement against the corporate entity.
3. The criminal enforcement agency of provincial police department or military zone shall keep enforcing the judgment as per the Law on Enforcement of Criminal Judgments and this Decree.
Tìm kiếm
Nghị định 55/2020/NĐ-CP (Bản Word)
Nghị định 55/2020/NĐ-CP (Bản Pdf)