Circular No. 117/2005/TT-BQP guides the handling of confiscated assets according to court judgments and decisions of military courts and the responsibilities of military units executing civil enforcement.

 

CIRCULAR

Guidelines for the handling of assets confiscated pursuant to court judgments and decisions of military courts and the responsibility of military units executing civil enforcement

Pursuant to Article 5, Article 23, Article 35, and Article 57 of the Civil Enforcement Law adopted by the Standing Committee of the National Assembly of the Eleventh Session on January 14, 2004; Article 3 and Article 17 of Decree No. 173/2004/NĐ-CP dated September 30, 2004 of the Government on civil enforcement procedures and the authority of the Ministry of National Defense to assist the Government in managing civil enforcement in the military; Decree No. 05/2005/NĐ-CP dated January 18, 2005 of the Government on auctioning assets.

The Ministry of National Defense provides guidelines for the handling of assets confiscated pursuant to court judgments and decisions of military courts at all levels and the recovery of assets of military units declared in court judgments and decisions as follows:

A. HANDLING OF ASSETS CONFISCATED PURSUANT TO COURT JUDGMENTS AND DECISIONS OF MILITARY COURTS

I. RESPONSIBILITIES OF MILITARY REGION ENFORCEMENT, NAVY COMMAND ENFORCEMENT

1. Time limit for notification regarding the transfer of confiscated assets:

Within five working days from the date of issuing the enforcement decision concerning the confiscation of assets to be transferred to the state treasury according to the judgment or decision of military courts at all levels, Military Region Enforcement, Navy Command Enforcement must notify in writing the Military Region Finance Department, Navy Command, or the relevant state agency responsible for management and use so that they can receive the assets.

2. Form of transferring confiscated assets:

The transfer of confiscated assets to be transferred to the state treasury to the Military Region Finance Department, Navy Command, as well as the transfer to the relevant state agency responsible for management and use, shall be conducted strictly in accordance with the procedures. The representative of the Military Region Finance Department, Navy Command, or the relevant state agency responsible for management and use who comes to receive the assets must have an introduction letter and identification card. When handing over and receiving the assets, a handover record must be established according to the model "Handover Record of Assets Transferred to the State Treasury" issued together with this Circular.

3. Method of handling specific assets:

3.1. Confiscated assets that are weapons, explosives, radioactive materials, military equipment, technical means, cultural relics, or other assets that the judgment or decision of the Court orders to be handed over to the relevant state agency responsible for management and use, Military Region Enforcement, Navy Command Enforcement must notify that agency to come and receive them;

3.2. Confiscated assets that are Vietnamese currency, Military Region Enforcement, Navy Command Enforcement must immediately deposit them into the Military Region Finance Department, Navy Command. If the amount of money is currently deposited in the Military Region Finance Department and equivalent agencies, Military Region Enforcement, Navy Command Enforcement must request the Finance Department to transfer the amount from the temporary collection account to the state budget account. If the amount of money is held by another agency, Military Region Enforcement, Navy Command Enforcement has the responsibility to recover it and deposit it into the account of the Military Region Finance Department, Navy Command.

3.3. Confiscated assets that are foreign currencies, gold, precious metals, and gemstones, Military Region Enforcement, Navy Command Enforcement must transfer them to the Military Region Finance Department, Navy Command. For foreign currencies, gold, precious metals, and gemstones currently stored in the state treasury system, Military Region Enforcement, Navy Command Enforcement must transfer related documents and records to the Military Region Finance Department, Navy Command for processing;

3.4. Remaining assets within no more than five working days from the date of issuing the enforcement decision, Military Region Enforcement, Navy Command Enforcement must notify the Military Region Finance Department, Navy Command along with the file including:

- A copy of the judgment or decision of the Court;

- The enforcement decision;

- A copy of the asset seizure record;

- Certificates of ownership and usage rights of the assets and other related documents and records (if any);

Military Region Enforcement, Navy Command Enforcement must cooperate with the Military Region Finance Department, Navy Command to organize the transfer of confiscated assets to the state treasury.

II. RESPONSIBILITIES OF THE MILITARY REGION FINANCE DEPARTMENT, NAVY COMMAND FINANCE DEPARTMENT

1. Within five working days from the date of receipt of the notification from Military Region Enforcement, Navy Command Enforcement, the Military Region Finance Department, Navy Command Finance Department must cooperate with Military Region Enforcement, Navy Command Enforcement to complete the procedures for receiving confiscated assets to be transferred to the state treasury and proceed with their handling according to the decision of the Ministry of Finance. During the period of storage and waiting for handling, Military Region Enforcement, Navy Command Enforcement must continue to store confiscated assets until the Military Region Finance Department, Navy Command Finance Department proceeds with their handling according to current laws.

2. Managing revenues and expenditures during the process of handling confiscated assets in accordance with the financial regulations of the state.

B. RESPONSIBILITIES OF THE SUBJECTS OF CIVIL ENFORCEMENT

1. Responsibilities in participating in court hearings of units with rights and obligations in the case:

Military units with rights and obligations in criminal, civil, economic cases, etc., when summoned by the People's Court, Military Courts at all levels to participate in court hearings, the head of the unit must participate or authorize a legal officer familiar with the case to attend the hearing to protect the legitimate rights and interests of the unit.

2. Responsibilities in submitting applications for enforcement:

2.1. To ensure that compensation amounts for military units according to court judgments and decisions rendered before July 1, 2004 are enforced by Military Region Enforcement, Navy Command Enforcement within the time limit stipulated by the Civil Enforcement Law 2004, the subject of enforcement needs to review. If there is no application for enforcement, the head of the unit must submit an application for enforcement. In cases where the subject of enforcement has been merged or consolidated, the head of the new unit must submit an application for enforcement;

If the subject of enforcement has been dissolved, the immediate superior head must submit an application for enforcement to the competent Military Region Enforcement, Navy Command Enforcement according to Article 21 of the Civil Enforcement Law 2004.

2.2. When receiving judgments and decisions of the Court rendered after July 1, 2004, where the unit is the party entitled to enforcement, the head of the unit must submit a request for enforcement within three years from the date the judgment or decision of the Court becomes legally effective, to be sent to the Military Region Enforcement Office or the Navy Command Enforcement Office with jurisdiction as provided for in Article 21 of the Civil Enforcement Ordinance 2004.

Within three years from the date the judgment or decision of the Court becomes legally effective, if the unit entitled to enforcement does not submit a request for enforcement of the judgment or decision of the Court, such judgment or decision shall automatically lose its enforceability. The unit will no longer have the right to request enforcement.

Example: According to the civil compensation portion of the criminal trial judgment number 12/HS-ST dated January 1, 2005 of the Military Region Court regarding Hanoi: Mr. Nguyen Van A must compensate the unit B - Hanoi Military Region with 200,000,000 VND (two hundred million dong).

- The judgment above becomes legally effective on February 2, 2005, if it is not appealed or protested.

In case the judgment above is appealed or protested and reviewed by the appellate court, the appellate judgment becomes effective from the date of pronouncement.

- The deadline for submitting a request for enforcement in this case is from February 2, 2005 to February 2, 2008 (for judgments and decisions of the Court that are not appealed or protested).

In case the unit B cannot submit a request for enforcement within the aforementioned period due to objective obstacles, the unit may submit a request to the competent enforcement authority to restore the statute of limitations for enforcement.

3. Responsibilities of the head of the unit entitled to enforcement:

If the head of the unit entitled to enforcement fails to fulfill his responsibilities, depending on the degree of violation, he may be subject to disciplinary action, administrative penalties, or criminal prosecution according to the provisions of the law; if damage is caused, he must provide compensation.

C. ENFORCEABILITY

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During implementation, if there are difficulties or obstacles, agencies and units should report to the Ministry of National Defense through the Enforcement Bureau for resolution./.

 

Model Form Number 1

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

RECORD OF TRANSFER AND RECEIPT OF ASSETS TO THE STATE TREASURY

(issued together with Circular No. 117/2005/TT-BQP dated August 12, 2005 of the Minister of National Defense)

- Based on Article 1 and Article 35 of the Civil Enforcement Ordinance dated January 14, 2004;

- Based on Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government;

- Based on the Disposal Decision number..., date... of...

Today, on..., month..., year..., at..., we include:

A. Representative of the transferring party:

1. Mr./Ms.:..., position:...

Agency:...

2. Mr./Ms.:..., position:...

Agency:...

B. Representative of the receiving party (Finance Department):

1. Mr./Ms.:..., position:...

Agency:...

2. Mr./Ms.:..., position:...

Agency:...

C. Witness representative:

Mr./Ms.:..., position:...

Agency:...

Together, we proceed to transfer assets according to the enforcement decision number:......, date... of Enforcement Authority...... from......to......

Attached to this Record is a detailed inventory of each type of goods being transferred and a list of related documents concerning the goods being handed over.

The Record has been agreed upon by all parties involved.

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

Date..., month..., year...

PETITION FOR ENFORCEMENT OF CIVIL JUDGMENTS AND DECISIONS

Respected: Enforcement Authority:...

 

My name is:...

Rank:..., Position:...

Unit:...

Address:…

is the representative of the unit entitled to enforcement according to the judgment and Decision number....., date..... month..... year..... of the Court.....

………………………………………………………………………………...

According to the judgment decision, the unit entitled to enforcement includes the following items:...

………………………………………………………………………………..

………………………………………………………………………………..

………………………………………………………………………………..

………………………………………………………………………………..

The person subject to enforcement is Mr./Ms.:...

Address:…

(May provide some relevant information about the assets of the person subject to enforcement)...

…………………………………………………………………………………

…………………………………………………………………………………

Requesting the Enforcement Authority to enforce the above judgment and decision to ensure the rights of the unit.

The unit entitled to enforcement
(Signature, stamp)

Note: (The petition for enforcement must be accompanied by the judgment or decision of the Court that has become legally effective).