Asset recovery remains low

Last update 15:11 | 14/04/2017

VietNamNet Bridge – Asset recovery in civil lawsuits, particularly those relating to major economic corruption, remains low as authorities have found it difficult to verify the financial status of defendants, said Le Quang Tien, head of Ha Noi’s Department of Civil Judgment Enforcement.

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Asset recovery in civil lawsuits, particularly those relating to major economic corruption, remains low as authorities have found it difficult to verify the financial status of defendants. — Photo

This was just one of the difficulties that civil judgment enforcement bodies faced when executing court rulings, Tien said at a press conference on Wednesday.

Ha Noi’s Department of Civil Judgment Enforcement was concentrating on ten major economic corruption cases in which defendants must return over VND269 billion (US$12 million).

“The assets that need to be recovered are huge, but the authorities have not been able to confirm if the defendants have sufficient funds to pay or not,” he said.

“In some cases, their assets are far below the sums they have to return, or the asset is shared with other parties.”

In May 2014, the People’s Supreme Court sentenced Duong Chi Dung, the former chairman of State-owned Vietnam National Shipping Lines (Vinalines) and Mai Van Phuc, its former general director, to death for embezzling VND10 billion ($474,000) each.

The defendants falsified the technical specifications of a 43-year-old, non-functional floating dock and overpaid for it, causing losses of about VND367 billion ($16.2 million) for the State, according to the indictment.

Dung was also ordered to compensate Vinalines VND110 billion, including VND10 billion for embezzlement and VND100 billion for “intentionally violating State regulations on economic management, causing serious consequences.”

However, up until now, relevant agencies have only been able to confiscate Dung’s “visible” assets, announcing that he was financially unable to pay any more compensation.

Referring to the Law on Civil Judgment Enforcement 2014, the enforcing body said that Dung did not meet the conditions for the court’s ruling to be executed.

“Only when Dung is confirmed to have other assets can we continue executing the court’s ruling,” Tien said, implying that an amount of about VND88.5 billion remains outstanding.

Tran Huu Chieu, the former deputy general director was also found guilty on the same counts. Chieu was sentenced to 19 years in jail and must pay compensation of VND39.16 billion, but as of now still owes VND38.4 billion.

Bui Thi Bich Loan, another defendant in the Vinalines case, was ordered to compensate Vinalines VND6 billion, but was found to own no assets and is currently receiving treatment for cancer in hospital.

Two months ago, Prime Minister Nguyen Xuan Phuc signed Directive 05/CT-TTg on enhancing civil judgment enforcement. Accordingly, he directed authorities to uncover the assets of suspects in corruption cases in order to prevent them from being hidden and to help in executing judgments against the accused.

The Ministry of Public Security is asked to direct the nation’s investigative agencies to locate the assets and ensure the execution of judgments in crucial and complicated cases related to credit, banking and corruption.

The State Bank of Viet Nam was assigned to direct credit organisations to strictly assess clients’ property before lending them money and to closely co-ordinate with civil enforcement bodies on cases related to credit and banking.


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This entry was posted in Chấp hành bản án - judgment enforcement, Hệ thống pháp luật, Hệ thống tư pháp - Judicial system and tagged , by Trần Đình Hoành. Bookmark the permalink.

About Trần Đình Hoành

I am an attorney in the Washington DC area, with a Doctor of Law in the US, attended the master program at the National School of Administration of Việt Nam, and graduated from Sài Gòn University Law School. I aso studied philosophy at the School of Letters in Sài Gòn. I have worked as an anti-trust attorney for Federal Trade Commission and a litigator for a fortune-100 telecom company in Washington DC. I have taught law courses for legal professionals in Việt Nam and still counsel VN government agencies on legal matters. I have founded and managed businesses for me and my family, both law and non-law. I have published many articles on national newspapers and radio stations in Việt Nam. In 1989 I was one of the founding members of US-VN Trade Council, working to re-establish US-VN relationship. Since the early 90's, I have established and managed VNFORUM and VNBIZ forum on VN-related matters; these forums are the subject of a PhD thesis by Dr. Caroline Valverde at UC-Berkeley and her book Transnationalizing Viet Nam. I translate poetry and my translation of "A Request at Đồng Lộc Cemetery" is now engraved on a stone memorial at Đồng Lộc National Shrine in VN. I study and teach the Bible and Buddhism. In 2009 I founded and still manage on positive thinking and two other blogs on Buddhism. In 2015 a group of friends and I founded website CVD - Conversations on Vietnam Development ( I study the art of leadership with many friends who are religious, business and government leaders from many countries. In October 2011 Phu Nu Publishing House in Hanoi published my book "Positive Thinking to Change Your Life", in Vietnamese (TƯ DUY TÍCH CỰC Thay Đổi Cuộc Sống). In December 2013 Phu Nu Publishing House published my book "10 Core Values for Success". I practice Jiu Jitsu and Tai Chi for health, and play guitar as a hobby, usually accompanying my wife Trần Lê Túy Phượng, aka singer Linh Phượng.

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