On the afternoon of April 12, at the Ministry of Justice's first quarter 2024 press conference, a representative of the Ministry responded to the issue of recovering "huge" assets to ensure execution of the judgment in the case of Truong My Lan - Chairwoman of the Board of Directors of Van Thinh Phat Group Joint Stock Company.
Accordingly, on the afternoon of April 11, the People's Court of Ho Chi Minh City sentenced Ms. Truong My Lan to death and ordered her to compensate nearly 674,000 billion VND to SCB Bank; and assigned the bank to continue managing 1,122 asset codes as collateral for the defendant's loans.
From there, the court ordered SCB to continue managing and handling 1,122 mortgaged property codes. In the process of handling the assets to recover debts, if there is any surplus, it will coordinate with the Economic Police Department (C03, Ministry of Public Security) to determine which assets belong to Truong My Lan and use them to secure the defendant's other compensation obligations in the case.
Mr. Nguyen Thang Loi - Deputy Director General of the General Department of Civil Judgment Enforcement (Ministry of Justice) said that during the investigation and prosecution stages, the prosecuting agencies seized, sealed and transferred assets and evidence to the enforcement agency.
Mr. Nguyen Thang Loi - Deputy Director General of the General Department of Civil Judgment Enforcement.
Afterwards, the General Department of Civil Judgment Enforcement directed relevant agencies to conduct inspections and review of legal procedures for assets and evidence to ensure the enforcement process.
Regarding the procedural order, the first instance judgment has not yet taken legal effect. After the judgment on compensation for damages is pronounced without an appeal, or if an appeal is made and the appellate court declares the judgment to be effective, the enforcement agency will implement the judgment in accordance with the provisions of law.
“The Van Thinh Phat case is a major case that has received special attention from the Party, the State, and public opinion. The General Department of Civil Judgment Enforcement has proactively directed local civil judgment enforcement agencies, and in the near future, the Ho Chi Minh City Civil Judgment Enforcement Department, to develop a detailed plan to allocate resources and assign officers to guide local enforcement, and be ready to proceed as soon as the judgment comes into legal effect in accordance with legal regulations,” said Mr. Loi.
Views on alcohol concentration
Also at the meeting, the press raised questions about different opinions regarding the absolute ban on traffic participants with alcohol concentration or a certain threshold. What is the Ministry of Justice's opinion on this content?
Responding to this content, Ms. Le Thi Van Anh - Deputy Director of the Department of Criminal and Administrative Law (Ministry of Justice) said that, as reported by the press, there are currently two different opinions as above.
Ms. Le Thi Van Anh - Deputy Head of Criminal and Administrative Law Department.
Ms. Van Anh said that the 2019 Law on Prevention of Alcohol Harm clearly stipulates prohibited acts, including the prohibition of driving while having alcohol concentration in the blood or breath. (Clause 5, Article 6). Therefore, whether it is absolutely prohibited or not must be based on scientific and practical properties and people's awareness of traffic participation.
During the appraisal process, the Ministry of Justice requested the Ministry of Public Security to coordinate with the Ministry of Health to conduct scientific research, ensuring that it is consistent with reality, consistent with people's awareness of traffic participation, ensuring harmony between people's interests and effectiveness in State management, and consistency of the entire legal system .
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