Tiếng Việt
Table of Contents
1. Cases of asset freezing
2. Cases of account freezing
2.1 Cases of account freezing in civil cases
2.2 Cases of account freezing in criminal cases
1. Cases of asset freezing
Asset freezing is a temporary emergency measure during the process of resolving a civil case to ensure the resolution of the case or the enforcement of the judgment.
Asset freezing in civil proceedings includes:
– Pursuant to Article 125 of the 2015 Civil Procedure Code, which stipulates the freezing of assets at the place of deposit:“Freezing properties at depositories shall be applied if in the course of settling cases there are grounds showing that the obligors have their properties deposited and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.”
– Pursuant to Article 126 of the 2015 Civil Procedure Code, which stipulates the freezing of assets of the obligated person: “Freezing the obligors’ properties shall be applied if in the course of settling cases there are grounds showing that the obligors have such properties and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.”
2. Case of account freezing
Account freezing is a temporary emergency measure in the process of resolving civil and criminal cases to ensure the resolution of the case or the execution of the judgment.
2.1 Cases of account freezing in civil cases
Pursuant to Article 124 of the 2015 Civil Procedure Code, which stipulates the freezing of accounts at banks, other credit institutions, and the State Treasury: “Freezing accounts at banks, other credit institutions, State Treasury shall be applied if in the course of settling cases there are grounds showing that the obligors have accounts at banks, other credit institutions or State Treasury and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.”
2.2 Cases of account freezing in criminal cases
Pursuant to Article 129 of the 2015 Criminal Procedure Code, which stipulates account freezing:
“Article 129. Freezing of accounts
1. Account freeze only applies to suspects and defendants whose offences are punishable by mulct or confiscation of property as per the Criminal Code, or applies to guarantee compensations over damage upon the detection of such persons’ accounts in a credit institution or state treasury. Account freeze also applies to other people’s accounts evidently found to hold amounts involved in criminal acts of accused persons.
2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on account freeze. Such decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of decisions.
3. Only amounts proportionate to probable degree of fine, seizure or compensation for damage shall be frozen. Persons assigned to freeze and manage accounts but defreezing such accounts shall incur criminal liabilities as per the Criminal Code.
4. Competent presiding authorities, when freezing accounts, must give written decisions on account freeze to the credit institution or state treasury managing the accounts of accused persons or other people’s accounts involved in criminal acts of persons facing charges. The delivery of the account freeze order must be executed in writing according to Article 178 of this Law.
The credit institution or state treasury managing accounts of arrestees, detainees, suspects, defendants or other people’s accounts involved in criminal acts of arrestees, detainees or defendants, upon receiving the order of account freeze, shall immediately freeze such accounts and execute written records.
A written record of account freeze shall be executed in five originals. One is given to the person facing charges. One is given to other people involved in the accused person. One is given the equivalent Procuracy. One is stored in the case file. One is retained by the credit institution or state treasury.”