More than 61,000 billion VND had to be recovered in economic and corruption cases, but the Ho Chi Minh City Judgment Execution Department was able to execute more than 8,400 billion VND.
Information reported by the Ho Chi Minh City Civil Judgment Execution Department in Scientific conference on measures and forms of asset recovery in economic and corruption cases in Ho Chi Minh City, May 26.
According to the Civil Judgment Enforcement Department of Ho Chi Minh City, currently, the total amount of money and assets to be recovered in these cases across the country is more than VND 79,000 billion (more than VND 9,000 billion has been executed). As of April, the amount of money Ho Chi Minh City has to recover is more than 61,000 billion VND (accounting for 77%) such as: the case Tram Be over 500 billion VND, the case Dinh Ngoc The over 700 billion dong, big case Huynh Thi Huyen Nhu over 15,000 billion…
Currently, Ho Chi Minh City’s judgment enforcement agency recovered 8,400 billion VND (accounting for 23% of the conditional amount) – mainly from the disposal of previously distrained assets. The remaining 52,600 billion VND has not been executed, including the outstanding cases from previous years. The rate of money and property recovery in corruption and economic cases is still low due to many problems.
Specifically, in addition to assets that have been distrained and adjudicated in court judgments and decisions, it is almost impossible for judgment enforcement agencies to verify additional assets or other sources of income. Because corrupt criminals often find ways to disperse, hide, and legalize assets before or during the investigation process.. As in the case of Huynh Thi Huyen Nhu, the total amount of money the defendants had to execute was over 15,000 billion VND, of which Nguyen Thi Lanh had to pay more than 9,000 billion VND, but the distraint was only 14 billion VND.
In addition, the Civil Judgment Execution Department does not have the authority to investigate and prove the origin of the property due to the crime, so it can only handle the current legal status of the property. There is no mechanism on income control as well as the law on property registration. The declaration of assets also affects the verification and tracking of the assets of the judgment debtors.
According to Mr. Tran Dinh Hoang (Head of Professional Division 2, Department of Civil Judgment Execution of Ho Chi Minh City), this agency is also having to enforce assets formed in the future – ie not yet formed at the time of judgment execution. making the valuation and auction of properties difficult. The projects also have not completed legal procedures on investment and land as prescribed.
Mr. Hoang cited, in the great case Hua Thi Phan Phase one, the court declared to continue to maintain the distraint order for the investment project to build Phu My General Hospital in Binh Chanh district, to ensure Ms. Phan’s compensation obligation to the bank. However, this project is only on paper. Accordingly, the judgment enforcement agency must petition for a cassation protest against this content and is waiting for the response of the Supreme People’s Court.
In addition, in some judgments, the court’s statement was not clear, leading to difficulties in the enforcement process. As in the case of Duong Thanh Cuong fraudulently appropriating properties of many units, the court declared continued distraint 23 certificates use rights and use rights transfer contracts for a total area of more than 105,000 m2 of land in Binh Chanh district to ensure judgment enforcement. Enforcers must process each certificate when eligible to ensure prompt recovery of money for the State. However, these 23 land use rights must be handled at the same time in order to sell at a high price, ensuring Cuong’s reimbursement obligation for this and other judgments. From this problem, the Judgment Execution Department sent a document to the General Department of Judgment Execution for advice and direction.
Participating in the seminar, Lieutenant Colonel Nguyen Minh Tam (Deputy Head of Economic Police Department of Ho Chi Minh City Public Security) and representatives of legal proceedings also mentioned many difficulties in asset recovery in economic and corruption cases. ; and propose remedial measures. In which, Lieutenant Colonel Tam said that, after prosecuting and arresting the accused, they should immediately search their houses and workplaces, record testimonies, and fight with relatives to find assets. Or it is necessary to coordinate with state management agencies such as banks, State Securities Commission, Department of Natural Resources and Environment… to collect information about the assets of the accused and related people.
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