On the afternoon of December 11, the Civil Judgment Enforcement Agency (CEA) of Thanh Hoa province held a press conference to provide information on the process of organizing the judgment enforcement and the enforcement of the judgment against Tay Do Company Limited (Thanh Hoa Private Primary and Secondary School Project, in Dong Huong Ward, Thanh Hoa City). Representatives of the Provincial Party Committee's Propaganda Department, the Department of Information and Communications, and the Provincial Civil Judgment Enforcement Agency chaired the press conference.
Overview of the press conference.
Delegates attending the press conference.
According to Judgment No. 06/2013/DSPT dated October 29, 2013, Decision No. 01/2017/QD-PS dated April 25, 2017 of the People's Court of Thanh Hoa province; Judgment enforcement decision No. 01/QD-CTHADS dated October 22, 2018 of the Director of the Thanh Hoa Civil Execution Department, Tay Do Company Limited located at No. 49, Hac Thanh, Ba Dinh Ward, Thanh Hoa City, Thanh Hoa Province is obliged to pay the debt to the Vietnam Development Bank - Thanh Hoa Branch, the amount of more than 109,199 billion VND and interest for late enforcement of the judgment; pay civil court fees at first instance of more than 175,330 million VND.
View of Thanh Hoa Private Primary and Secondary School Project of Tay Do Company Limited.
Because Tay Do Company Limited did not voluntarily execute the judgment, on April 2, 2019, the enforcement officer forcibly seized the collateral assets, which were the entire construction works of Thanh Hoa Private Primary and Secondary School Project, built on an area of 40,387m2 of land of Tay Do Company Limited according to the Land Use Rights Certificate No. AB 889736 issued by Thanh Hoa Provincial People's Committee on April 20, 2005 according to Map No. 37, 43 cadastral maps at the New Urban Area of Dong Huong Ward, Thanh Hoa City (this is the asset that Tay Do Company Limited mortgaged at the Vietnam Development Bank - Thanh Hoa Branch to secure the loan repayment obligation).
The project site becomes a place of business operations.
After seizing and appraising the property, Thanh Hoa Property Auction Service Center conducted an online auction. After 15 price reductions and 19 auctions, on March 7, 2024, the property was successfully auctioned. The winning bidder was Phuc Thinh General Trading Investment Company Limited, located at No. 01, Alley 76, Giap Bat Lane, Hoang Mai District, Hanoi City, for a price of more than VND 88,550 billion.
Journalists attending the conference.
On May 16, 2024, the Provincial Department of THADS issued Notice No. 434/TB-CTHADS notifying Tay Do Company Limited and organizations and individuals to relocate from the Thanh Hoa Private Primary and Secondary School Project area to hand over the property to the auction winner; the notice period expired but Tay Do Company Limited and organizations and individuals residing and doing business in the project area did not voluntarily relocate. Therefore, in order to protect the rights of the buyer of the auctioned property, pursuant to Clause 5, Article 20, Article 103 of the Law on Enforcement of Civil Judgments amended and supplemented in 2014, 2018, 2020 and 2022, the enforcement officer of the Thanh Hoa Provincial Department of Enforcement of Civil Judgments issued Decision No. 16/QD-CTHADS dated May 28, 2024, and at the same time developed a Plan to enforce the handover of property to the buyer of the property against Tay Do Company Limited.
Representative of Lao Dong Newspaper speaking at the conference.
During the execution of judgments, the Thanh Hoa Provincial Department of Civil Judgment Enforcement, the General Department of Civil Judgment Enforcement - Ministry of Justice; the Thanh Hoa Provincial People's Procuracy, and the Supreme People's Procuracy received many complaints, denunciations, recommendations, and reflections from Tay Do Company Limited. The complaints, denunciations, recommendations, and reflections from Tay Do Company Limited were considered, resolved, and responded to by the Thanh Hoa Provincial Department of Civil Judgment Enforcement; the General Department of Civil Judgment Enforcement - Ministry of Justice, the Provincial People's Procuracy, and the Supreme People's Procuracy according to regulations. In particular, it was affirmed that the execution of judgments was completely in accordance with the law, without any violations, and the forced handover of assets to the auction winner was in accordance with the law and was the responsibility of the Civil Judgment Enforcement agency and related units.
Journalists attending the conference.
Regarding the questions of journalists about the enforcement measures that need to be applied, Mr. Dinh Van Thang, Deputy Director of Thanh Hoa Civil Judgment Enforcement Department, replied: Pursuant to Clause 5, Article 20, Article 103 of the Law on Civil Judgment Enforcement amended and supplemented in 2014, 2018, 2020 and 2022, Clause 3, Article 27 of Decree 62/2015/ND-CP dated July 18, 2015 of the Government detailing and guiding the implementation of a number of articles of the Law on Civil Judgment Enforcement (amended and supplemented by Decree No. 33/2020/ND-CP dated March 17, 2020), Thanh Hoa Provincial Civil Judgment Enforcement Department applies the measure of "Compulsory delivery of assets to the successful buyer of the auctioned assets". Accordingly, Tay Do Company Limited and organizations and individuals residing and doing business in the Thanh Hoa Private Primary and Secondary School Project Area must be forced to move people and assets that are not seized assets out of the project area to return the assets to the buyer of the assets, Phuc Thinh General Trading and Service Investment Company Limited.
Representative of Thanh Tra newspaper spoke at the conference.
Journalist Huy Tuong, Head of the Thanh Tra Newspaper Representative Office, asked whether there should be a specific date for the enforcement to be completed, rather than just stating the date when the enforcement is completed? Regarding this issue, Mr. Dinh Van Thang, Deputy Director of the Thanh Hoa Civil Judgment Enforcement Department, replied: According to the plan, the expected enforcement time will be from 8:00 a.m. on December 16, 2022 to December 20, 2024. Based on developments and actual situations, the enforcement can be shortened or extended until the task is completed.
Deputy Director of Thanh Hoa Civil Judgment Enforcement Department Dinh Van Thang also provided more information about the enforcement plan, the entire project area must be forcibly handed over and divided into two areas separated by Pham Van Sao Street running through the project area (connecting Bui Khac Nhat Street with Nguyen Duy Hieu Street) and the plan anticipates some possible situations...
Comrade Pham Van Tuan, Deputy Head of the Provincial Party Committee's Propaganda Department, spoke at the press conference.
Speaking at the press conference, Deputy Head of the Provincial Party Committee's Propaganda Department Pham Van Tuan thanked journalists for their interest in the enforcement of judgments against Tay Do Company Limited. He requested that the Provincial Civil Judgment Enforcement Department continue to promptly inform about the contents related to the enforcement so that the press agencies can do a good job of propagating the enforcement of civil judgments against Tay Do Company Limited.
The enforcement is expected to take place at 8:00 a.m. on December 16, 2024 at Thanh Hoa Private Primary and Secondary School Project Area, Quang Trung Street, Dong Huong Ward, Thanh Hoa City.
Trung Hieu
Source: https://baothanhhoa.vn/ngay-16-12-se-tien-hanh-cuong-che-thi-hanh-an-doi-voi-cong-ty-tnhh-tay-do-233151.htm
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