FINES FOR ENSURE ENFORCEMENT
The Government has just issued the Decree No. 115/2017/ND-CP dated October 16, 2017 of the Government detailing orders, procedures, fines that corporate legal entities must pay to ensure enforcement; impoundment, refund, remittance to the state budget to ensure enforcement.
In accordance with this Decree, rate of payment shall be decided by prosecution authorities in each specific case but it shall not be under 50% and not higher than the highest fine as stipulated under clauses applied to prosecute, investigate and trial for corporate entities. Rate of payment to ensure enforcement of compensation obligation, if clauses applied to prosecute, investigate and trial for corporate entities cover regulations on level of damages on assets, payment rate for compensation obligation shall be decided by prosecution authorities in each specific case but it shall not be under 50% and shall not be higher than the maximum level of damage on assets as stipulated under that clause; if clauses applied to prosecute, investigate and trial for corporate entities are not covered on level of damages on assets, depending on each case, prosecution authorities might apply measures as stipulated to determine damage level to decide on specific amount of money that need to be paid by corporate entities. Payment level shall be decided on each case but it shall not higher than the actual level of damages that are determined. Payment can be done through bank transfer or in cash to the account of investigation authorities or prosecution authorities opened at the State Treasury.
This Decree takes effect on January 01, 2018.
