Propaganda, mobilization and dialogue with the person subject to enforcement before enforcing the enforcement decision are important factors in civil enforcement work. Realizing that, the provincial Civil Enforcement Department together with relevant departments, agencies, units and the Dong Huong Ward government (Thanh Hoa City) met to propagate, mobilize and dialogue with Mr. Bui Van Hung, Director of Tay Do Company Limited and organizations and individuals operating in the enforcement area, which is the Thanh Hoa Private Primary and Secondary School Project.
Provincial THADS Department officers propagate business households to move assets out of the enforcement area.
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; Decision No. 01/QD-CTHADS dated October 22, 2018 of the Director of the Provincial Department of Judgment Enforcement, Tay Do Company Limited, located at No. 49, Hac Thanh, Ba Dinh Ward (Thanh Hoa City), has the obligation to pay the debt to the Vietnam Development Bank - Thanh Hoa Branch of more than VND 109,199 billion and late interest; pay civil court fees of more than VND 175,330 million.
Because Tay Do Company Limited did not voluntarily pay the fine, on April 2, 2019, the Enforcement Officer of the Provincial Department of Enforcement of Civil Judgments forcibly seized the secured assets, which were the entire construction works of the Thanh Hoa Private Primary and Secondary School Project of Tay Do Company Limited. This is the asset that the company mortgaged at the Vietnam Development Bank - Thanh Hoa Branch to secure the loan repayment obligation.
View of Thanh Hoa Private Primary and Secondary School Project.
However, during the execution of the judgment, Tay Do Company Limited continuously opposed the execution of the judgment, and committed many acts that changed the current status of the property. The provincial Department of Execution of Judgments has issued 5 decisions on administrative sanctions, but to date the company has not yet complied with the payment of the fine.
Officers of the provincial THADS Department check the movement of households out of the enforced area.
Considering that Tay Do Company Limited did not voluntarily hand over the property to the buyer of the auctioned property, the Enforcement Officer of the Provincial Department of Civil Judgment Enforcement issued Decision No. 16/QD-CTHADS dated May 28, 2024 on the compulsory handover of the property to the buyer of the auctioned property. According to the decision, Tay Do Company Limited must hand over the entire construction project of Thanh Hoa Private Primary and Secondary School Project to the buyer of the auctioned property, Phuc Thinh General Service Trading Investment Company Limited, located at No. 1, Alley 76, Giap Bat Lane, Giap Bat Ward, Hoang Mai District (Hanoi City).
Provincial THADS Department staff propagate and mobilize business households.
On December 5, 2024, the Provincial Department of Land Use Rights Enforcement issued a notice of compulsory land use right enforcement against Tay Do Company Limited. The notice clearly stated that the enforcement period will take place from 8:00 a.m. on December 16, 2024 to December 20, 2024. The assets subject to compulsory enforcement include many items and works belonging to the Thanh Hoa Private Primary and Secondary School Project located on an area of 40,387 square meters in Quang Trung Street, Dong Huong Ward. At the same time, based on the provisions of law, the Provincial Department of Land Use Rights Enforcement has notified organizations and individuals residing and doing business in the Thanh Hoa Private Primary and Secondary School Project to evacuate people and assets that are not seized assets from the project area. In case organizations and individuals deliberately do not evacuate people and assets, the Provincial Department of Land Use Rights Enforcement will apply compulsory measures to force organizations and individuals to evacuate from the project area.
The provincial THADS Department, together with relevant departments, agencies, units and local authorities, met and had a dialogue with Tay Do Company Limited.
Mr. Dinh Van Thang, Deputy Director of the Provincial Department of Enforcement of Civil Judgments, said: “After reviewing and verifying, there are 27 organizations and individuals residing and doing business in the Thanh Hoa Private Primary and Secondary School Project area. The above organizations and individuals have rented premises and locations from Tay Do Company Limited. To ensure the strictness of the law and convenience in the enforcement process, since the announcement date, the Provincial Department of Enforcement of Civil Judgments has coordinated with relevant departments, branches, units and local authorities to directly encourage and persuade people who must be executed, organizations and individuals residing and doing business in the project area to agree to promptly relocate people and assets that are not seized assets. Along with that, it is not allowed to oppose, obstruct or cause disturbance while the Enforcement Officer and competent authorities are performing their enforcement duties”.
Businesses move furniture.
Not stopping there, on the morning of December 13, 2024, the Provincial Department of Land Use Rights, together with relevant departments, agencies, units and the Dong Huong Ward government, organized a meeting and dialogue with Tay Do Company Limited. At the meeting and dialogue, the representative of the Provincial Department of Land Use Rights informed the contents of Mr. Hung's request to the Provincial Department of Land Use Rights. In the request, he requested support and assistance for families to have temporary and suitable accommodation to move out of the enforcement area before December 16, 2024; support and assistance for families to move their belongings to temporary accommodation; support households with an appropriate amount of funding to temporarily stabilize their lives when having to move their residence or place of business; consider and assist business households to temporarily borrow a gathering place to move their belongings and assist households to move their belongings out of the enforcement area before the enforcement date. Along with advocacy and persuasion, the representative of the provincial THADS Department responded to Mr. Hung's recommendations and explained the legal provisions on enforcement activities; subjects, and support levels for the THA. Because the company did not propose a specific level of support for households, the provincial THADS Department will consider and apply the provisions of the law to resolve the issue in the most appropriate manner.
Through the investigation and understanding of the Provincial Department of Enforcement, in addition to organizations and individuals residing and doing business, in the Thanh Hoa Private Primary and Secondary School Project area, there are also Mr. Hung's family and Mrs. Bui Thi Ai's family (Mr. Hung's sister) living there, with no other place to live. These are cases where Article 115 of the Law on Enforcement can be applied. Therefore, through the local government, the Provincial Department of Enforcement proposed that the person who was granted the enforcement, the Vietnam Development Bank, and the person who won the auction of the property, Phuc Thinh General Service and Trade Investment Company Limited, consider providing reasonable support to share the difficulties of the families. Upholding the humanity of the law on enforcement and avoiding the situation of these two households being homeless, the Provincial Department of Enforcement rented two apartments to support the families with accommodation at the time of enforcement; sent officers to support and help the households move their belongings.
Section 5, Article 115 of the Law on Enforcement of Civil Judgments stipulates: In the case of compulsory handover of a house which is the sole residence of a judgment debtor to a person who has purchased the property at auction, if it is determined that after paying the judgment debtor's obligations, the judgment debtor no longer has enough money to rent a house or establish a new residence, before making the payment procedure to the judgment debtor, the Enforcement Officer shall deduct from the proceeds of the sale of the property an amount of money for the judgment debtor to rent a house in accordance with the average rental price in the locality for a period of 1 year. |
Upon receiving the notice from the Provincial Department of Enforcement, in the past 2 days, the Auto Thanh Linh Car Care Center has hired workers and vehicles to dismantle the factory and move machinery and equipment out of the enforcement area. The owner of Auto Thanh Linh said that he had rented a car care center at the Thanh Hoa Private Primary and Secondary School Project for 5 years. After receiving the notice from the Provincial Department of Enforcement to move people and property out of the enforcement area, Auto Thanh Linh strictly complied. However, due to the large amount of property to be dismantled and limited vehicles and human resources, Auto Thanh Linh encountered many difficulties in the process of moving the property.
Officers of the provincial THADS Department helped and supported Bui Thi Ai's family to move their belongings.
On the afternoon of February 14, 2024, we were present at the Thanh Hoa Private Primary and Secondary School Project area. At this time, with the support of the officers of the Provincial Department of Land Administration, Ms. Bui Thi Ai's family was actively packing up their belongings to leave the enforcement area. According to information from the Department of Land Administration, although Ms. Ai's family faced many difficulties and had no house, after being encouraged and persuaded by relevant departments, agencies, units and local authorities; and being rented an apartment by the Provincial Department of Land Administration, her family agreed to move to a temporary residence.
With a high sense of responsibility and appropriate propaganda, mobilization, and dialogue by the Thanh Hoa Provincial Department of Land Use Rights and related departments, agencies, units, and local authorities, many organizations and individuals have initially agreed to move their assets out of the enforcement area. According to the Provincial Department of Land Use Rights, by the afternoon of December 14, 19/27 organizations and individuals had moved their assets out of the enforcement area.
According to Article 330 of the 2015 Penal Code, anyone who uses force, threatens to use force or uses other means to prevent a public official from performing his or her official duties or forces them to commit an illegal act shall be subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years, the maximum penalty for this crime is imprisonment of up to 7 years. Regarding the case of causing injury to a person performing official duties or for the victim's official duties, it is stipulated in Point k, Clause 1, Article 134 of the 2015 Penal Code, amended and supplemented in 2017. Specifically, if causing injury to a person performing official duties or for the victim's official duties, the offender will be prosecuted for criminal liability for the crime of intentionally causing injury or harm to the health of another person. Accordingly, the penalty for the act of resisting a person performing official duties causing injury stipulated in Article 134 of the 2015 Penal Code is amended by Clause 22, Article 1 of the Law amending the 2017 Penal Code. The maximum penalty can be up to 20 years in prison or life imprisonment. |
PV Group
Source: https://baothanhhoa.vn/tuyen-truyen-van-dong-doi-thoai-truoc-khi-thi-hanh-quyet-dinh-cuong-che-voi-cong-ty-tnhh-tay-do-233499.htm
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