Crime of Failure to Execute Judgments
1. Any person with authority who deliberately fails to issue a decision on judgment enforcement or fails to enforce a court judgment or decision in any of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Having been disciplined for this act but continuing to violate;
b) Causing the convicted person or judgment debtor to abscond;
c) Causing the statute of limitations for enforcement to expire;
d) Causing the convicted person, judgment debtor, or obligor to disperse assets and fail to fulfill enforcement obligations in an amount from VND 50,000,000 to under VND 200,000,000.
2. The offender shall be sentenced to 02 to 07 years’ imprisonment if the crime falls under any of the following circumstances:
a) Committing the crime two or more times;
b) Causing the convicted person or judgment debtor to continue committing a less serious crime or a serious crime;
c) Causing the convicted person, judgment debtor, or obligor to disperse assets and fail to fulfill enforcement obligations in an amount from VND 200,000,000 to under VND 1,000,000,000.
3. The offender shall be sentenced to 05 to 10 years’ imprisonment if the crime falls under any of the following circumstances:
a) Causing the convicted person or judgment debtor to continue committing a very serious crime or a particularly serious crime;
b) Causing the convicted person, judgment debtor, or obligor to disperse assets and fail to fulfill enforcement obligations in an amount of VND 1,000,000,000 or more.
4. The offender shall also be prohibited from holding certain positions for 01 to 05 years.
Crime of Non-Compliance with Judgments
1. Any person who has the ability but deliberately fails to comply with a court judgment or decision that has taken legal effect, even after being subject to coercive measures in accordance with the law or after being administratively sanctioned for this act but continues to violate, shall be sentenced to 03 months to 02 years’ imprisonment.
2. The offender shall be sentenced to 02 to 05 years’ imprisonment if the crime falls under any of the following circumstances:
a) Resisting an enforcement officer or a person performing official duties;
b) Employing sophisticated or deceitful tricks;
c) Dispersing assets.
3. The offender may also be subject to a fine of VND 5,000,000 to VND 50,000,000.
Crime of Obstructing Judgment Enforcement
1. Any person who abuses position or power to deliberately obstruct judgment enforcement in any of the following cases shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Causing the convicted person or judgment debtor to abscond;
b) Causing the statute of limitations for enforcement to expire;
c) Causing the convicted person, judgment debtor, or obligor to disperse assets and fail to fulfill enforcement obligations in an amount from VND 50,000,000 to under VND 200,000,000;
d) Causing damage from VND 50,000,000 to under VND 200,000,000.
2. The offender shall be sentenced to 02 to 05 years’ imprisonment if the crime falls under any of the following circumstances:
a) Committing the crime two or more times;
b) Causing the convicted person or judgment debtor to continue committing another crime;
c) Causing the convicted person, judgment debtor, or obligor to disperse assets and fail to fulfill enforcement obligations in an amount of VND 200,000,000 or more;
d) Causing damage of VND 200,000,000 or more.
3. The offender shall also be prohibited from holding certain positions for 01 to 05 years.
Legal Basis: Articles 379, 380, and 381 of the Penal Code 2015.
