Director of the HCM City Department of Execution of Civil Judgments shares experience in executing the Truong My Lan case

On May 14, at the Workshop "Comments on amending the Law on Civil Judgment Enforcement - Solutions for handling assets in the enforcement of economic cases" organized by Ho Chi Minh City Law Newspaper, Mr. Nguyen Van Hoa, Director of the Department of Civil Judgment Enforcement (CJE) of Ho Chi Minh City, shared his experience in enforcing the judgment in the case of Ms. Truong My Lan (Chairman of the Board of Directors of Van Thinh Phat Group) with high efficiency.

Báo Sài Gòn Giải phóng•14/05/2025

Workshop scene "Contributions to amend the Law on Civil Judgment Enforcement - Solutions for handling assets in the enforcement of economic cases"

According to Mr. Nguyen Van Hoa, the enforcement work in Ho Chi Minh City accounts for about 10-15% of the number of cases, but the value of assets to be handled accounts for 35% to 50% of the total value nationwide. In the past 3 years, the Ho Chi Minh City Enforcement Agency has recovered over 50,000 billion VND, accounting for 76-96% of the whole country.

Mr. Nguyen Van Hoa, Director of the Civil Judgment Enforcement Department of Ho Chi Minh City, spoke at the workshop.

The Ho Chi Minh City Department of Criminal Judgment Enforcement is coordinating to handle assets before sentencing in accordance with Resolution 164/2024 on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases. Through the experience of Ms. Truong My Lan's case, the Ho Chi Minh City Department of Criminal Judgment Enforcement has coordinated well with agencies C03 - Ministry of Public Security , Court, Procuracy and lawyers... to clarify the nature of assets and cash flow right from the investigation stage, achieving high efficiency.

"We have repeatedly proposed to develop a separate process for handling assets in economic and corruption cases to take advantage of each stage of investigation, prosecution and trial. This is to ensure effective asset recovery. However, this is still a matter that needs to be discussed and improved," said Mr. Nguyen Van Hoa.

According to Lawyer Phan Trung Hoai, Vice President of the Vietnam Bar Federation , there should be a mechanism to handle assets that are under construction or have not been legally completed; and to value assets according to market prices. In addition, it is necessary to complete regulations on collecting objective information, determining the time of valuation and providing specific guidance on valuation of specific assets, ensuring consistency and benefit to offenders.

Lawyer Phan Trung Hoai, Vice President of Vietnam Bar Federation, spoke at the conference.

Mr. Phan Trung Hoai analyzed that to thoroughly enforce the assets in economic cases, only amending the Law on Enforcement of Civil Judgments is not enough. But in the immediate future, in cases where assets are seized, frozen with large value, legal documents are complicated or real estate projects are still stuck, it is necessary to establish a Council for handling assets to enforce the judgment in that case. This needs to be legalized in the amended Law on Enforcement of Civil Judgments, in order to handle transparently, ensure the rights and legitimate interests of defendants, litigants and the interests of the State, agencies and organizations.

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Source: https://www.sggp.org.vn/cuc-truong-cuc-thads-tphcm-chia-se-kinh-nghiem-thi-hanh-an-vu-truong-my-lan-post795142.html