04 TYPES OF PROPERTY NOT TO BE DISTRAINED ON COERCING OF JUDGMENT EXECUTION
On April 08, 2020, the Government promulgates the Decree No. 44/2020/ND-CP on coercing the judgment execution against commercial legal persons.
Accordingly, the coercing the judgment execution against the commercial legal person by distraint of property shall not be applicable for 04 types of property. To be specific: Medicines in service of prevention and treatment of employee; food, tools and other property serving the employees' meals; Kindergartens, schools, medical establishments and equipment, means and other property belonging to these facilities, if they are not property for business; Equipment, facilities and tools to ensure labor safety, fire and explosion prevention and fighting; Property in service of national defense and security, public interests.
Property distraint must be conducted in the daytime, with the time from 08:00 to 17:00, except for day-off and public holidays as prescribed by law and other special cases. When conducting property distraint, the representative at law of the commercial legal person, the organization or individual that has the property distrained, the representative of the local administration where the property is distrained and witnesses must be present. In addition, the competent agency shall only distrain property in correspondence proportion to the amount of expense for execution of judicial measure and expenses for the organization of coercion execution.
This Decree takes effect on June 01, 2020.
