Are all assets of a limited liability company with two or more members distrained to enforce a civil judgment?
Assets may not be distrained to enforce a civil judgment pursuant to Article 87 Law on Enforcement of Civil Judgments as follows:
Assets are not distrained
1. Assets prohibited from circulation according to the provisions of law; assets serving national defense, security, and public interests; assets allocated by the state budget to agencies and organizations.
2. The following assets of judgment debtors are individuals:
a) The amount of food to meet the essential needs of the judgment debtor and his family during the period when there is no new income or harvest;
b) The amount of medicine needed to prevent and treat illnesses of the judgment debtor and his family;
c) Necessary items for disabled people, items used to care for sick people;
d) Common worship utensils according to local customs;
d) Necessary working tools of small value used as the main or only means of living for the judgment debtor and his family;
e) Necessary daily necessities for the judgment debtor and his family.
3. The following assets of judgment debtors are enterprises, cooperatives, production, business and service establishments:
a) Number of drugs serving the prevention and treatment of diseases for employees; Food, foodstuffs, tools and other assets to serve meals for workers;
b) Kindergartens, schools, medical facilities and equipment, vehicles and other assets belonging to these facilities, if not business assets;
c) Equipment, means and tools to ensure labor safety, fire and explosion prevention and control, and environmental pollution prevention and control.
Based on the following regulations, assets of judgment debtors who are enterprises, cooperatives, production, business and service establishments cannot be distrained, including:
- Amount of medicine serving the prevention and treatment of diseases for workers; food, tools and other assets serving meals for workers;
- Kindergartens, schools, medical facilities and equipment, vehicles and other assets belonging to these facilities, if not business assets;
-) Equipment, facilities, and tools to ensure labor safety, fire and explosion prevention and control, and environmental pollution prevention and control.
Therefore, not only individuals but also businesses also exclude some assets that cannot be distrained to enforce civil judgments such as drugs used to prevent and treat diseases for employees; food, food, tools and other assets serving meals for workers.