Integrated document No. 10/VBHN-VPQH dated February 24, 2025 Law on Civil Judgment Enforcement
|
THE OFFICE OF NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 10/VBHN-VPQH |
Hanoi, February 24, 2025 |
LAW
CIVIL JUDGMENT ENFORCEMENT
The Law on Civil Judgment Enforcement No. 26/2008/QH12 dated November 14, 2008 of the National Assembly, which comes into force from July 01, 2009 is amended by:
1. The Law No. 64/2014/QH13 dated November 25, 2014 of the National Assembly on amendments to some articles of the Law on Civil Judgment Enforcement, which comes into force from July 01, 2015;
2. The Competition Law No. 23/2018/QH14 dated June 12, 2018 of the National Assembly, which comes into force from July 01, 2019;
3. The Law No. 67/2020/QH14 dated November 13, 2020 of the National Assembly on amendments to some articles of the Law on Handling of Administrative Violations, which comes into force from January 01, 2022;
4. The Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on amendments to some articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which comes into force from March 01, 2022;
5. The Land Law No. 31/2024/QH15 dated January 18, 2024 of the National Assembly, which comes into force from August 01, 2024[1];
6. The Law No. 43/2024/QH15 dated June 29, 2024 of the National Assembly on amendments to some articles of the Law on Land No. 31/2024/QH15, the Law on Housing No. 27/2023/QH15, the Law on Real Estate Business No. 29/2023/QH15 and the Law on Credit Institutions No. 32/2024/QH15, which comes into force from August 01, 2024;
7. The Law on Juvenile Justice No. 59/2024/QH15 dated November 30, 2024 of the National Assembly, which comes into force from January 01, 2026.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, amended by the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Civil Judgment Enforcement[2].
Chapter I
GENERAL PROVISIONS
Article 1. Scope[[3]]
This Law elaborates principles and procedures for enforcement of civil judgments and decisions, fines, confiscation of assets, retrospective collection of illegally earned money and assets, handling of material evidences and assets, Court costs and civil decisions involved in criminal judgments and decisions of Courts, diversion measure which is damage compensation mentioned in a decision to apply the diversion measure issued by an investigating authority, a Procuracy or a Court[[4]], assets mentioned in administrative judgments and decisions made by Courts, bankruptcy settlement decisions issued by Courts, decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases related to assets of judgment debtors issued by the President of the National Competition Commission, the anti-competitive complaint handling council [[5]], and judgments and decisions issued by commercial arbitrators (hereinafter referred to as "judgments and decisions”); organizational system of civil judgment-enforcing agencies and enforcers; rights and obligations of judgment creditors and judgment debtors, and persons having related interests and obligations; tasks and powers of agencies, organizations and individuals over enforcement of civil judgments.
Article 2. Judgments and decisions to be enforced
Judgments and decisions to be enforced under this Law include:
1. Judgments and decisions that are defined in Article 1 of this Law and have come into force:
a) Judgments and decisions or parts of judgments and decisions made by first-instance Courts and not appealed or protested against according to appellate procedures;
b) Judgments and decisions issued by appellate Courts;
c) Cassation or reopening decisions made by Courts;
d) Foreign Courts’ civil judgments and decisions, and foreign arbitrators’ decisions, which have been recognized and permitted for enforcement in Vietnam by Vietnamese Courts;
dd)[[6]] Decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases issued by the President of the National Competition Commission, the anti-competitive complaint handling council that the involved parties are unwilling to execute or do not file lawsuits to Courts after 15 days from the date on which such decisions come into force;
e)[[7]] Judgments and decisions issued by commercial arbitrators;
g)[[8]] Bankruptcy settlement decisions issued by Courts.
2. Judgments and decisions issued by first-instance Courts that must be enforced immediately although they may be appealed or protested against:
a) Judgments and decisions on alimony, salary or wage payment, severance pays, redundancy pays, compensation for loss of capacity for work or compensation for loss of lives or damage to health or mental harm, or reinstatement of employees;
b) Decisions on application of provisional emergency measures.
3.[[9]] Legally effective decision to apply the diversion measure which is damage compensation issued by an investigating authority, a Procuracy or a Court.
Article 3. Term interpretation
For the purpose of this Law, these terms below shall be construed as follows:
1. “Involved parties” include judgment creditor and judgment debtor.
2. “Judgment creditor” means an individual, agency or organization that enjoys rights and interests mentioned in an enforced judgment or decision.
3. “Judgment debtor” means an individual, agency or organization that must fulfill obligations mentioned in an enforced judgment or decision.
4. “Person having related rights and obligations” means an individual, agency or organization that has rights and obligations directly related to the exercise of the rights and fulfillment of the obligations to execute a judgment by the involved parties.
5. “Prescriptive period” means a time limit for a judgment creditor or judgment debtor to request a civil judgment-enforcing agency to organize the judgment enforcement. After this time limit, they will no longer have the right to request the civil judgment-enforcing agency to organize the judgment enforcement under this Law.
6. “Capability of executing judgment” means a case where a judgment debtor has assets and incomes to fulfill their obligations to the assets; and fulfills their obligations to execute the judgment by himself/herself or through another person.
7. “Judgment enforcement fee” means an amount payable by a judgment creditor upon receipt of money and assets under a judgment or decision.
8. “Expenses for coercive judgment enforcement” mean expenses covered by a judgment debtor for organization of coercive enforcement, unless it is prescribed by law that these expenses shall be paid by a judgment creditor or covered by the state budget.
9.[[10]] “Judgment enforcement decision” means a judgment enforcement.
Article 4. Assurance about effect of judgments and decisions
Judgments and decisions defined in Article 2 of this Law shall be respected by agencies, organizations and all citizens.
Relevant individuals, agencies and organizations shall, within their respective responsibilities, strictly abide by judgments and decisions and be responsible to the law for the enforcement thereof.
Article 5. Protection of legitimate rights and interests of involved parties and persons having related rights and obligations
During judgment enforcement, legitimate rights and interests of involved parties and persons having related rights and obligations shall be respected and protected by law.
Article 6. Judgment enforcement agreements
1. Involved parties are entitled to reach an agreement on enforcement of a judgment, provided that the agreement is not contrary to law and social ethics.
Outcomes of the judgment enforcement under the agreement will be recognized.
At the request of involved parties, enforcers shall witness the agreement on judgment enforcement.
2. In case the involved parties fail to adhere to their agreement, they may request a civil judgment-enforcing agency to perform their unperformed obligations under the judgment or decision.
Article 7. Rights and obligations of judgment creditors[[11]]
1. A judgment creditor has the following rights:
a) Request the enforcement of a judgment, suspend the enforcement of a part or the whole of a judgment or decision, apply security measures or coercive measures for enforcing any judgment prescribed by this Law;
b) Be notified of judgment enforcement;
c) Reach agreement with a judgment debtor or persons having related rights and obligations on the time, place, method and contents of the judgment enforcement;
d) Request a Court to determine and divide the ownership of or the right to use assets; request the Court to explain unclear points, correct spelling mistakes or inaccurate or insufficient data; file civil lawsuits to protect their legitimate rights and interests if there is a dispute over assets related to the judgment enforcement;
dd) Directly verify and provide information on capability of executing judgment of the judgment debtor or authorize another person to do so;
e) Be not required to cover any fee for verification of capability of executing judgment conducted by the enforcer;
g) Request change of the enforcer if there is a ground to believe that the enforcer is not impartial while performing his/her duty;
h) Authorize another person to exercise their rights and perform their obligations;
i) Transfer the right to enforce judgments to another person;
k) Be eligible for exemption from, or reduction of judgment enforcement fee upon provision of accurate information on capability of executing judgment of the judgment debtor or in other cases prescribed by the Government;
l) Lodge complaints and make denunciations of the judgment enforcement.
2. A judgment creditor has the following obligations:
a) Strictly abide by the judgment or decision;
b) Comply with the enforcer’s decisions on and requirements for the judgment enforcement; notify the civil judgment-enforcing agency of any change in their address or place of residence;
c) Pay judgment enforcement fee and expenses in accordance with this Law.
Article 7a. Rights and obligations of judgment debtors [[12]]
1. A judgment debtor has the following rights:
a) Voluntarily execute judgments; reach agreement with the judgment creditor or persons having related rights and obligations on the time, place, method and contents of the judgment enforcement; voluntarily hand over their assets for the judgment enforcement;
b) Directly request or authorize another person to request the judgment enforcement in accordance with this Law;
c) Be notified of the judgment enforcement;
d) Request a Court to determine and divide the ownership of or the right to use assets; request the Court to explain unclear points, correct spelling mistakes or inaccurate or insufficient data; file civil lawsuits to protect their legitimate rights and interests if there is a dispute over assets related to the judgment enforcement;
dd) Transfer their judgment enforcement obligation to another person in accordance with this Law;;
e) Request change of the enforcer if there is a ground to believe that the enforcer is not impartial while performing his/her duty;
g) Be considered for reduction or cancellation of their debt; be considered for partial or whole exemption from, or reduction of, expenses for coercive judgment enforcement in accordance with this Law;
h) Lodge complaints and make denunciations of the judgment enforcement.
2. A judgment debtor has the following obligations:
a) Adequately and promptly execute judgments and decisions;
b) Truthfully declare assets and their capability of executing judgment; adequately provide documents related to their assets upon receipt of any request from competent persons and be responsible to law for their declared contents;
c) Execute decisions on and fulfill requirements imposed by the enforcer for the judgment enforcement; notify civil judgment-enforcing agencies of any change in their address or place of residence;
d) Pay judgment enforcement expenses in accordance with this Law.
Article 7b. Rights and obligations of persons having related interests and obligations[[13]]
1. A person having related interests and obligations has the following rights:
a) Be informed of, and participate in, the implementation of security measures and coercive measures for enforcing any judgment that they are involved;
b) Request a Court to determine and divide the ownership of or the right to use assets; request the Court to explain unclear points, correct spelling mistakes or inaccurate and insufficient data; file civil lawsuits to protect their legitimate rights and interests if there is a dispute over assets related to the judgment enforcement;
c) Lodge complaints and make denunciations of the judgment enforcement.
2. A person having related interests and obligations shall strictly abide by decisions on and meet requirements imposed by the enforcer for the judgment enforcement; notify civil judgment-enforcing agencies of any change in their address or place of residence.
Article 8. Spoken and written language used for enforcement of civil judgments
1. Spoken and written language to be used for enforcement of civil judgments shall be Vietnamese.
The involved parties may use the voices and scripts of their ethnic groups. In this case, interpreters are required. Regarding involved parties that are people of ethnic minority groups and cannot use Vietnamese language, civil judgment-enforcing agencies shall employ interpreters.
2. Interpreters shall interpret or translate speeches or writings in a verbatim, truthful and objective manner and shall be responsible to law for incorrect interpretation or translation.
Article 9. Voluntary execution and coercive enforcement of judgments
1. The State encourages the involved parties to voluntarily execute judgments.
2. Judgment debtors that have capability for executing judgments but fail to voluntarily execute such judgments will be coerced to enforce judgments under this Law.
Article 10. Responsibility to pay compensations for damage
Agencies, organizations, and individuals that violate this Law and cause damage shall pay compensations therefor under law.
Article 11. Responsibilities of agencies, organizations and individuals for cooperation with civil judgment-enforcing agencies and enforcers
1. Within their tasks, powers and duties, agencies, organizations and individuals shall cooperate with civil judgment-enforcing agencies in enforcing judgments.
2. Relevant agencies, organizations and individuals shall comply with requests made by civil judgment-enforcing agencies and enforcers under this Law.
All acts of obstructing or illegally intervening in operations conducted by civil judgment- enforcing agencies or enforcers shall be handled under law.
Article 12. Supervision and inspection of judgment enforcement
1. The National Assembly of Vietnam, People’s Councils and Vietnamese Fatherland Front shall supervise the enforcement of civil judgments by civil judgment-enforcing agencies and other state agencies under law.
2.[[14]] People’s procuracies shall supervise the law observance by Courts, civil judgment-enforcing agencies, enforcers and agencies, organizations and individuals involved in enforcement of civil judgments.
When supervising civil judgment enforcement, each People’s Procuracy has the following tasks and powers:
a) Supervise issuance, transfer, interpretation and amendment to judgments and decisions made by a Court;
b) Request enforcers and civil judgment-enforcing agencies at the same level and inferior enforcers and agencies to issue decisions on judgment enforcement and send them such decisions; properly enforce contents of judgments or decisions; conduct self-inspection of enforcement of judgments and notify inspection results to the People’s Procuracy; request agencies, organizations and individuals to provide dossiers, documents and material evidences related to judgment enforcement in accordance with this Law;
c) Directly inspect civil judgment enforcement by civil judgment-enforcing agencies at the same level and inferior agencies, enforcers and relevant agencies, organizations and individuals; issue inspection conclusions when the inspection is completed;
d) Participate in Court meetings to consider reduction or cancellation of debts payable to state budget and give their opinions;
dd) Recommend consideration of judgment enforcement-related acts or decisions that are involved in less serious violations, and performed or issued by Courts or civil judgment-enforcing agencies at the same level or inferior Courts or agencies, suggest implementing remedial measures and handling violators; recommend relevant agencies and organizations that have loopholes or shortcomings in management to eliminate the causes of violations and apply preventive measures;
e) Protest against acts or decisions that are seriously contrary to the law, infringes upon the State’s interests or legitimate rights and interests of agencies, organizations and individuals, and are performed or issued by heads and enforcers of civil judgment-enforcing agencies at the same level or inferior agencies; propose suspension of judgment enforcement, revocation, amendment, or annulment of judgment enforcement-related decisions that are contrary to the law, and termination of violations.
Chapter II
ORGANIZATIONAL SYSTEM OF CIVIL JUDGMENT-ENFORCING AGENCIES AND ENFORCERS
Article 13. Organizational system of civil judgment-enforcing agencies
Organizational system of civil judgment-enforcing agencies:
1. Civil judgment enforcement-managing agencies:
a) Civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam:
b) Civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam.
2. Civil judgment-enforcing agencies:
a) Civil judgment-enforcing agencies of provinces and central-affiliated cities (hereinafter referred to as “provincial civil judgment-enforcing agencies”);
b) Civil judgment-enforcing agencies of rural districts, urban districts, towns or provincial cities (hereinafter referred to as “district-level civil judgment-enforcing agencies”);
c) c) Judgment-enforcing agencies of military zones or equivalents (hereinafter referred to as “military zone-level judgment-enforcing agencies”).
The Government of Vietnam shall specify tasks and powers of civil judgment enforcement-managing agencies; and names and specific organizational structures of civil judgment-enforcing agencies.
Article 14. Tasks and powers of provincial civil judgment-enforcing agencies
1. Manage and direct civil judgment enforcement in their provinces or central-affiliated cities
a) Ensure uniform application of law on civil judgment enforcement;
b) Direct district-level civil judgment-enforcing agencies to enforce civil judgments; provide professional guidance on civil judgment enforcement for enforcers and other officials of civil judgment-enforcing agencies within their provinces;
c) Inspect civil judgment enforcement by district-level civil judgment-enforcing agencies;
d) Make final reviews of civil judgment enforcement in reality; produce statistics and reports on civil judgment enforcement under the guidance of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam.
2. Directly organize enforcement of judgments and decisions under Article 35 of this Law.
3. Make applications for debt reduction or cancellation; cooperate with police offices in making applications for exemption from or reduction of imprisonment sentences and parole for persons obliged to execute civil judgments and serving imprisonment sentences.
4. Handle complaints about and denunciations of civil judgment enforcement within their jurisdiction under this Law.
5. Manage officials, facilities, funding sources and equipment of local civil judgment-enforcing agencies under the guidance and direction of the civil judgment enforcement-managing agency of the Ministry of Justice of Vietnam.
6. Assist provincial People’s Committees in performing their responsibilities and exercising their powers under clauses 1 and 2, Article 173 of this Law.
7.[[15]] Report on civil judgment enforcement to People’s Councils and People’s Committees in accordance with law; and report on results of enforcement of judgments and decisions to Courts upon request.
Article 15. Tasks and powers of military zone-level judgment-enforcing agencies
1. Directly organize enforcement of judgments and decisions under Article 35 of this Law.
2.[[16]] Make final reviews of civil judgment enforcement in reality within their jurisdiction; produce statistics and reports on civil judgment enforcement under the guidance of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam; report on results of enforcement of judgments and decisions to Courts upon request.
3. Handle complaints about and denunciations of civil judgment enforcement within their jurisdiction under this Law.
4. Cooperate with functional agencies of military zones in managing officials, facilities, funding sources and equipment of military zone-level civil judgment-enforcing agencies under the guidance and direction of the judgment enforcement-managing agency of the Ministry of National Defense of Vietnam.
5. Make applications for debt reduction or cancellation; cooperate with imprisonment sentence-enforcing agencies in the Army in making applications for exemption or reduction of imprisonment sentences and parole for persons obliged to execute civil judgments and serving imprisonment sentences.
6. Assist commanders of military zones and equivalent levels in performing their responsibilities and exercising their powers under Clause 1, Article 172 of this Law.
Article 16. Tasks and powers of district-level civil judgment-enforcing agencies
1. Directly organize enforcement of judgments and decisions under Article 35 of this Law..
2. Handle complaints about and denunciations of civil judgment enforcement within their jurisdiction under this Law.
3. Manage their assigned officials, facilities, funding sources and equipment under the guidance and direction of provincial civil judgment-enforcing agencies.
4. Produce statistics and reports on civil judgment enforcement according to regulations of law and under the guidance of civil judgment-enforcing agencies.
5. Make applications for debt reduction or cancellation.
6. Assist People’s Committees at the same level in performing their tasks and exercising their powers under clauses 1 and 2, Article 174 of this Law.
7.[[17]] Report on civil judgment enforcement to People’s Councils and People’s Committees in accordance with law; and report on results of enforcement of judgments and decisions to Courts upon request.
Article 17. Enforcers
1. Enforcers are persons assigned by the State to enforce judgments and decisions prescribed in Article 2 of this Law. There are three enforcer ranks: primary-level enforcers, intermediate-level enforcers and high-level enforcers.
2. Enforcers shall be appointed by the Minister of Justice of Vietnam.
3. The Government of Vietnam shall specify procedures for selection examination and appointment of enforcers.
Article 18. Criteria for appointment of enforcers
1. Any Vietnamese citizen who is loyal to the Fatherland, honest, non-corruptible, has good ethical quality, possesses a bachelor of laws degree or higher, and has good health to fulfill his/her assigned tasks may be appointed as an enforcer.
2. A person who fully satisfies the criteria specified in clause 1 of this Article, and the following conditions may be appointed as a primary-level enforcer:
a) Having been engaged in legal affairs for 3 years or more;
b) Having been trained in civil judgment enforcement;
c) Passing the examination for selection of primary-level enforcers.
3. A person who fully satisfies the criteria specified in clause 1 of this Article, and the following conditions may be appointed as an intermediate -level enforcer:
a) Having worked as a primary-level enforcer for 5 years or more;
b) Passing the examination for selection of intermediate-level enforcers.
4. A person who fully satisfies the criteria specified in clause 1 of this Article, and the following conditions may be appointed as a high-level enforcer:
a) Having worked as an intermediate-level enforcer for 5 years or more;
b) Passing the examination for selection of high-level enforcers.
5.[[18]] A person who fully satisfies the criteria specified in clause 1 of this Article, and is an in-service army officer may be appointed as a military enforcer.
Criteria to be satisfied by persons to be appointed as military primary-level enforcers, intermediate-level enforcers and high-level enforcers are prescribed in clauses 2, 3 and 4 of this Article.
6.[[19]] Incumbent judges, procurators and investigators who are transferred to civil judgment-enforcing agencies or those who were acted as enforcers but are now assigned to perform other tasks and fully satisfy the criteria specified in clause 1 of this Article may be appointed as enforcers of equivalent ranks without having to pass any examination.
7.[[20]] In special cases, due to the demands for appointment of heads and deputy heads of civil judgment-enforcing agencies, persons who fully satisfy the criteria specified in clause 1 of this Article and have been engaged in legal affairs for 5 years or more, 10 years or more or 15 years or more may be appointed as primary-level, intermediate-level or high-level enforcers, respectively, without having to pass any examination.
Article 19. Dismissal of enforcers
1. Enforcers will be automatically dismissed in case they retire or are transferred to other agencies.
2. The Minister of Justice of Vietnam shall consider deciding dismissal of enforcers in the following cases:
a) They are unable to fulfill their tasks due to family circumstances or poor health;
b) They have inappropriate professional qualifications and limited capacity for fulfillment of their tasks or they no longer satisfy the criteria applicable to enforcers for other reasons.
3. The Government of Vietnam shall specify procedures for dismissal of enforcers.
Article 20. Tasks and powers of enforcers
1. Promptly organize the enforcement of the assigned judgments or decisions; issue judgment enforcement decisions within their jurisdiction.
2. Strictly enforce contents of judgments or decisions; correctly apply legal regulations on procedures for judgment enforcement, thereby protecting the interests of the State and the legitimate rights and interests of involved parties and persons having related interests and obligations; and strictly observe regulations on work ethics of enforcers.
3. Summon involved parties and persons having related interests and obligations for judgment enforcement.
4. Verify assets and capability of executing judgments of judgment debtors; request relevant agencies, organizations and individuals to supply documents for the verification of addresses and assets of judgment debtors or cooperate with relevant agencies in handling material evidence, assets and other matters related to the judgment enforcement.
5. Decide the application of security measures and coercive measures for enforcing judgments; make plans for coercive enforcement of judgments; and confiscate assets for the judgment enforcement.
6. Request police authorities to detain persons resisting the judgment enforcement under law.
7. Make written records of violations against the law on judgment enforcement; impose administrative penalties and fines within their jurisdiction; propose competent agencies to discipline, impose administrative penalties and fines on, or criminally prosecute violators.
8. Decide the application of coercive measures to recover money and assets already paid/transferred to involved parties in contravention of law, collect judgment enforcement fees and other amounts payable by involved parties.
9. Use support tools while performing their tasks under regulations issued by the Government of Vietnam.
10. Perform other tasks assigned by heads of judgment-enforcing agencies.
When performing their tasks or exercising their powers, enforcers shall comply with law and be responsible to law for the judgment enforcement and have their lives, health, honor, dignity and prestige protected by law.
Article 21. Acts prohibited from performance by enforcers
1. Committing acts prohibited from performance by public employees according to regulations of law.
2. Giving advice to involved parties and persons having related interests and obligations, resulting in unlawful judgment enforcement.
3. Illegally intervening in settlement of judgment enforcement cases or taking advantage of their influence upon persons responsible for judgment enforcement.
4. Illegally using material evidence, money and assets involved in the judgment enforcement.
5. Enforcing judgments related to their own rights and interests and those of the following persons:
a) Their spouses, blood children or adopted children;
b) Their blood parents, adoptive parents, paternal or maternal grandparents, uncles, aunts, and blood siblings or those of their spouses;
c) Nephews and nieces whose blood parents are their blood siblings.
6. Using their enforcer cards, uniforms and badges or support tools to conduct operations beyond their assigned tasks and powers.
7. Harassing or troubling individuals, agencies or organizations during judgment enforcement.
8. Intentionally enforcing judgments or decisions in violation of their contents; delaying or prolonging the enforcement of the assigned judgments without adequate legal grounds.
Article 22. Heads and deputy heads of civil judgment-enforcing agencies
1. Heads and deputy heads of civil judgment-enforcing agencies shall be enforcers, and appointed and dismissed by the Minister of Justice of Vietnam. Heads and deputy heads of judgment-enforcing agencies in the Army shall be appointed and dismissed by the Minister of National Defense of Vietnam.
2. The Government of Vietnam shall specify criteria and procedures for appointing and dismissing heads and deputy heads of civil judgment-enforcing agencies and judgment-enforcing agencies in the Army.
Article 23. Tasks and powers of heads and deputy heads of civil judgment-enforcing agencies
1. A head of a civil judgment-enforcing agency has the following tasks and powers:
a) Issue judgment enforcement decisions within his/her jurisdiction;
b) Manage and direct judgment enforcement by the civil judgment-enforcing agency;
c) Request agencies, organizations and individuals to cooperate in organization of the judgment enforcement;
d) Request an agency which has made judgments or decisions to be enforced to explain in writing unclear or impractical points in these judgments or decisions for enforcement;
dd) Propose competent persons to lodge protests according to cassation or reopening procedures against judgments or decisions under law;
e) Respond to recommendations made by or protests lodged by procuracies; settle complaints and denunciations of judgment enforcement or impose penalties and fines on administrative violations within his/her jurisdiction; and request competent state agencies to discipline or impose penalties and fines on administrative violators or conduct criminal prosecution for violators;
g) Perform the tasks and exercise the powers of enforcers;
h) Produce statistics and reports on judgment enforcement;
i) Heads of provincial civil judgment-enforcing agencies may transfer or provide professional guidance for enforcers and officials of their agencies or district-level civil judgment-enforcing agencies in their provinces or direct and inspect their judgment enforcement and performance of other tasks under the guidance and direction of the civil judgment-enforcing agency of the Ministry of Justice of Vietnam.
2. Deputy heads of judgment-enforcing agencies shall perform tasks and exercise powers as assigned or authorized by heads of these agencies and be held accountable for the assigned tasks.
Article 24. Payroll, funding and facilities of civil judgment-enforcing agencies
The State shall assure payroll, funding, working offices and support tools, information technology and other necessary means and equipment for civil judgment-enforcing agencies.
Article 25. Uniforms and badges of, and working regulations applied to public employees engaged in civil judgment enforcement
Enforcers, verifiers and other public employees engaged in civil judgment enforcement will be provided with uniforms and badges for use while performing their tasks, and receive salaries and allowances suitable to their professions and other preferential benefits under regulations issued by the Government of Vietnam.
Chapter III
CIVIL JUDGMENT ENFORCEMENT PROCEDURES
Article 26. Guidance on the right to request civil judgment enforcement
Upon issuance of a judgment or decision, a Court, the President of the National Competition Commission, the anti-competitive settlement council, the anti-competitive complaint handling council[[21]], a commercial arbitrator shall explain the contents of the judgment or decision to the involved parties, and at the same time clearly state the right to request enforcement, the obligation to execute the judgment and the prescriptive period for making such request in such judgment or decision.
Article 27. Provision of judgments and decisions
Courts, the President of the National Competition Commission, the anti-competitive settlement council, the anti-competitive complaint handling council[[22]], and commercial arbitrations that have issued judgments and decisions specified in Article 2 of this Law shall provide involved parties with these judgments and decisions written with the phrase “For Enforcement”.
Article 28. Transfer of judgments and decisions
1.[[23]] Courts that have issued judgments and decisions specified at points a, b, c, d and g, clause 1, Article 2 of this Law shall, within 30 days from the date on which these judgments and decisions take legal effect, transfer them to competent civil judgment-enforcing agencies.
2.[[24]] Courts that have issued judgments and decisions specified at point a, clause 2, Article 2 of this Law shall, within 15 days after issuing such judgments and decisions, transfer them to civil judgment-enforcing agencies.
3.[[25]] Courts or commercial arbitrators that have issued decisions on application of provisional urgent measures shall, right after issuing such decisions, promptly transfer them to civil judgment-enforcing agencies.
4. In case competent agencies have distrained or temporarily held assets or seized material evidence or other documents related to the judgment enforcement, when transferring judgments or decisions to civil judgment-enforcing agencies, Courts shall attach copies of written records of distraint or temporary holding of assets or seizure of material evidence or other related documents to such judgments or decisions.
Article 29. Procedures for receiving judgments and decisions[[26]]
Upon receipt of a judgment or decision from a Court or commercial arbitrator, the civil judgment-enforcing agency shall check it and record it in a book.
The judgment or decision record book must clearly indicate ordinal numbers and date of receipt of the judgment or decision and its numbers and date, and name of the court or commercial arbitrator; full names and addresses of the involved parties and other related documents.
The direct delivery and receipt of a judgment or decision shall be certified by signatures of the deliverer and recipient. In case a judgment, decision or any related document is sent by post, the civil judgment-enforcing agency shall notify in writing the Court or commercial arbitrator of the receipt.
Article 30. Prescriptive period for requesting judgment enforcement
1. Within 05 years from the effective date of a judgment or decision, a judgment creditor and a judgment debtor may request a competent civil judgment-enforcing agency to issue a judgment enforcement decision.
In case a period for fulfillment of an obligation is indicated in the judgment or decision, the 5-year period will begin from the expiration of this period.
If the judgment/decision can be enforced in multiple stages, the 5-year period beginning from the expiration of period for fulfillment of the obligation shall be applied separately to each stage.
2. In case of postponement or suspension of judgment enforcement under this Law, the postponement or suspension period will not be included in the prescriptive period for requesting judgment enforcement, unless the judgment creditor agrees to allow the judgment debtor to postpone the judgment enforcement.
3. In case the judgment enforcement requester can prove that he/she is unable to request judgment enforcement within the prescribed period due to an objective obstacle or a force majeure circumstance, the period when such objective obstacle or force majeure circumstance exists will not be included into the prescriptive period for requesting judgment enforcement.
Article 31. Receipt or rejection of request for judgment enforcement[[27]]
1. An involved party may directly request or authorize another person to request judgment enforcement by directly submitting a written request, making an oral request or sending a written request by post The judgment enforcement requester shall submit the judgment/decision and other relevant documents.
The date of submitting a written request for judgment enforcement is the date when the judgment enforcement requester submits the written request or makes an oral request or the date stamp is appended by the sending post office.
2. A written request for judgment enforcement shall contain the following contents:
a) Full name and address of the requester;
b) Name of the civil judgment-enforcing agency requested to enforce the judgment;
c) Full name and address of the judgment creditor; full name and address of the judgment debtor;
d) Contents of the judgment requested to be enforced;
dd) Information on assets and capability of executing judgment of the judgment debtor, if any;
e) Date of making the written request;
g) Signature or fingerprint of the requester; regarding a juridical person, its written request must bear the signature of its lawful representative and its stamp, if any.
3. In case the judgment enforcement requester makes his/her request orally, the civil judgment-enforcing agency shall make a written record to record the contents specified in Clause 2 of this Article. The written record which must bear the signature of the record maker is valid as a written request for judgment enforcement.
4. Upon receiving a written request for judgment enforcement, the civil judgment-enforcing agency shall check the contents of the written request and enclosed documents, record it in a judgment enforcement request book and notify in writing to the requester.
5. In the following cases, the civil judgment-enforcing agency may reject a written request for judgment enforcement and shall, within 5 working days after receiving the written request, notify in writing to the requester:
a) The requester has no right to request judgment enforcement or the contents of the written request for judgment enforcement are irrelevant to the contents of the judgment or decision; no rights or obligations of involved parties arise during enforcement of the judgment or decision in accordance with this Law;
b) The civil judgment-enforcing agency requested to enforce the judgment is incompetent to do so;
c) The prescriptive period for requesting judgment enforcement is expired.
Article 32. [[28]] (annulled)
Article 33. [[29]] (annulled)
Article 34. [[30]] (annulled)
Article 35. Power to enforce judgments
1. District-level civil judgment-enforcing agencies have power to enforce the following judgments and decisions:
a) First-instance judgments and decisions of people’s courts of urban and rural districts, towns, provincial cities and equivalences[[31]] where civil judgment-enforcing agencies are headquartered;
b) Appellate judgments and decisions of People’s Courts of provinces and central-affiliated cities [[32]] with regard to first-instance judgments and decisions of people’s courts of urban and rural districts, towns, provincial cities and equivalences[[33]] where civil judgment-enforcing agencies are headquartered;
c) [[34]] Cassation or re-opening decisions of Superior People’s Courts on judgments and decisions, which have taken legal effect, of People’s Courts of urban districts, rural districts, communes, provincial cities and equivalences where civil judgment-enforcing agencies are headquartered;
d) Judgments and decisions entrusted by district-level civil judgment-enforcing agencies of other areas, provincial or military zone-level civil judgment-enforcing agencies.
2.[[35]] Provincial civil judgment-enforcing agencies have power to enforce the following judgments and decisions:
a) First-instance judgments and decisions of People’s Courts of provinces and central-affiliated cities that are the same as those where provincial civil judgment-enforcing agencies are located;
b) Judgments and decisions made by Superior People’s Courts;
c) Decisions transferred by the Supreme People’s Court of Vietnam to provincial civil judgment-enforcing agencies;
d) Judgments and decisions of foreign Courts, decisions of foreign arbitrators recognized by Vietnamese Courts for enforcement in Vietnam;
dd) Judgments and decisions issued by commercial arbitrators;
e) Decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases issued by the President of the National Competition Commission, the anti-competitive complaint handling council [[36]];
g) Judgments and decisions entrusted by civil judgment-enforcing agencies of other provinces and cities or military zone-level judgment-enforcing agencies;
h) Judgments and decisions that are necessary for enforcement under the judgment enforcement power of district-level civil judgment-enforcing agencies specified in clause 1 of this Article.
i) Judgments and decisions specified in clause 1 of this Article which involve the parties or properties in foreign countries or which must be judicially entrusted for enforcement.
3. Military zone-level judgment-enforcing agencies having power to enforce the following judgments and decisions:
a) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions made by military zone-level military courts or equivalences within their zones;
b) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions made by regional military courts within their zones;
c) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil decisions mentioned in criminal judgments and decisions transferred by the central military courts to military zone-level judgment-enforcing agencies;
d)[[37]] Civil decisions transferred by the Supreme People’s Court of Vietnam to military zone-level civil judgment-enforcing agencies;
dd) Judgments and decisions entrusted by provincial, district-level or military zone-level civil judgment-enforcing agencies for enforcement.
Article 36. Issuance of judgment enforcement decisions [[38]]
1. Heads of civil judgment-enforcing agencies shall issue judgment enforcement decisions only when receiving written requests for judgment enforcement, except for cases specified in clause 2 of this Article.
The time limit for issuance of a judgment enforcement decision is 5 working days from the date of receipt of a written request for judgment enforcement.
2. Heads of civil judgment-enforcing agencies have power to proactively issue judgment enforcement decisions and assign enforcers to organize the enforcement of the following contents of judgments and decisions:
a) Fines, retrospective collection of illicitly earned money and assets, court fees and charges;
b) Refund of money and assets to the involved parties;
c) Confiscation into the state budget or destruction of material evidences and assets; other revenues transferred to state budget;
d) Recovery of the rights to use land and other assets that must be transferred to the state budget;
dd) Decisions on application of provisional urgent measures;
e) Decisions on bankruptcy settlement issued by the Courts.
Within 5 working days after receiving judgments and decisions specified at points a, b, c and d of this Clause, heads of civil judgment-enforcing agencies shall issue judgment enforcement decisions.
Regarding decisions specified at point dd of this clause, they shall immediately issue judgment enforcement decisions.
Regarding decisions specified at point e of this clause, they shall, within 3 working days after receiving such decisions, issue judgment enforcement decisions.
3. A judgment enforcement decision must clearly state the name and position of the decision maker; the number, date and name of the judgment or decision issuer; the name and address of the judgment creditor, the name and address of the judgment debtor; the obligation to execute judgment; and the time limit for voluntary execution of the judgment.
4. The Government shall elaborate this Article.
Article 37. Revocation, amendments and cancellation of judgment enforcement decisions
1. A person having power to issue a judgment enforcement decision shall issue a decision to revoke the judgment enforcement decision in the following cases:
a) The judgment enforcement decision has been issued ultra vires;
b) The judgment enforcement decision contains errors which may change the contents of the case;
c) The ground for issuance of the judgment enforcement decision no longer exists;
d) Cases specified in clause 3, Article 54 of this Law..
2. Persons having power to issue judgment enforcement decisions and persons having power to resolve complaints may issue decisions on amendments to or request amendments to judgment enforcement decisions in case such judgment enforcement decisions contain errors that do not change the contents of cases subject to judgment enforcement.
3. Persons having power to issue judgment enforcement decisions and persons having power to resolve complaints may issue decisions on cancellation or request cancellation of judgment enforcement decisions of heads of inferior civil judgment-enforcing agencies or enforcers under their direct management in the following cases:
a) They detect that the cases specified in clauses 1 and 2 of this Article are not remedied by heads of inferior civil judgment-enforcing agencies or enforcers under their direct management after they receive requests;
b) Judgment enforcement decisions are unlawful as concluded by competent agencies.
4. Decisions on revocation, amendment or cancellation of judgment enforcement decisions shall clearly state grounds for and contents and legal consequences of the revocation, amendment or cancellation.
Article 38. Submission of judgment enforcement decisions[[39]]
Judgment enforcement decisions shall, within 03 working days after being issued, be sent to procuracies at the same level, unless otherwise provided by this Law.
Decisions on coercive judgment enforcement shall be sent to People’s Committees of communes, wards or townships (hereinafter referred to as “commune-level People’s Committees”) where coercive judgment enforcement is organized or to agencies or organizations related to the execution of these decisions.
Article 39. Notification of judgment enforcement
1. Judgment enforcement decisions, notices, summons and other documents related to judgment enforcement must be notified to involved parties and persons having related rights and obligations so that they exercise their rights and perform their obligations according to the contents of these documents.
2. The notification shall be given within 3 working days after the issuance of any of the above documents, unless it is necessary to prevent involved parties from dispersing or destroying assets or shirking the judgment enforcement.
3. The notification shall be given in the following methods:
a) Notices given in person or through other agencies, organizations or individuals under law;
b) Publicly posted notices;
c) Notices on mass media.
4. Notification expenses shall be paid by judgment debtors, unless it is prescribed by law that these expenses are covered by the state budget or paid by judgment creditors.
Article 40. Procedures for directly notifying individuals
1. Notices shall be delivered directly to individuals who are required to sign or press fingerprints for receipt certification.
2. In case a person to be notified is absent, the notice shall be delivered to one of his/her relatives who has full civil act capacity and lives together with him/her, including his/her spouses and children, his/her or his/her spouses’ grandparents, parents, uncles, aunts or siblings.
The delivery of notices shall be recorded in writing. The date of making a written record is the date of valid notification.
In case the person to be notified has no relatives who have full civil act capacity and live together with him/her, or have such relatives but these persons refuse to receive the notice, or are absent for an indefinite period, the notification maker shall make a written record of the impossibility of notification, the written record shall be signed by witnesses and the notice shall be publicly posted up under Article 42 of this Law.
3. In case the person to be notified has moved to a new place, the notice shall be delivered to the address of the new place.
Article 41. Procedures for directly notifying agencies and organizations
If parties to be notified are agencies or organizations, notices shall be directly handed over to legal representatives or persons responsible for receiving documents of these agencies or organizations and such representatives or persons shall sign for receipt. If representatives of agencies or organizations to be notified participate in the judgment enforcement or such agencies or organizations designate their representatives to receive notices, these persons shall sign for receipt of notices. The date of signing for receipt is the date of valid notification.
Article 42. Public notification
1. Notices shall be publicly posted up only when addresses of persons to be notified are unidentified or direct notification cannot be made, unless otherwise provided by law.
Civil judgment-enforcing agencies shall directly post up notices or entrust People’s Committees of communes where persons to be notified reside or reside last or individuals or organizations that are capable as defined by law to post up notices.
2. Public notification shall be made according to the following procedures:
a) Posting up notices at head offices of civil judgment-enforcing agencies or People’s Committees of communes or places where persons to be notified reside or reside last;
b) Making written records of public notification, clearly stating the date of notification, number and date of each notice, and signed by witnesses.
3. The duration for publicly posting up a notice is 10 days from the posting date. The posting date is the date of valid notification.
Article 43. Notices on mass media
1. Notices shall be given on mass media according to regulations of law or at request of involved parties.
2. In case involved parties are determined to be present in areas where they reside, a notice shall be published on a daily newspaper for 2 consecutive issues or broadcasted on provincial radio or television channels twice for 2 consecutive days.
In case involved parties are determined to be absent in areas where they reside, a notice shall be published on a daily newspaper for 2 consecutive issues or broadcasted on central radio or television channels twice for 2 consecutive days.
3. The date of giving a notice for the second time on a mass medium is the date of valid notification.
Article 44. Verification of capability of executing judgments [[40]]
1. Within 10 days after the deadline for voluntary execution of a judgment, if a judgment debtor fails to voluntarily execute the judgment, an enforcer shall conduct the verification; in case of execution of a decision on application of provisional urgent measures, the verification shall be conducted immediately.
A judgment debtor shall truthfully make declaration and fully supply information on their assets, income and their capability of executing the judgment to the civil judgment-enforcing agency, and assume their responsibility for their declaration.
2. In case the judgment debtor is not capable of executing the judgment, the enforcer shall verify their capability of executing the judgment at least once every 6 months; in case the judgment debtor that is not capable of executing the judgment is serving imprisonment sentence with the remaining serving time of at least 2 years or the new address or place where the judgment debtor resides cannot be identified, the verification shall be conducted at least once a year. After two times of verification, if the judgment debtor is still not capable of executing the judgment, the civil judgment-enforcing agency shall notify in writing the verification result to the judgment creditor. Re-verification shall be conducted only when there is new information on the judgment debtor’s capability of executing the judgment.
3. The civil judgment-enforcing agency may authorize a civil judgment-enforcing agency of province/district/commune where the judgment debtor possesses assets, resides or works or is headquartered to verify their capability of executing the judgment.
4. When verifying capability of executing a judgment, an enforcer shall assume his/her responsibility as follows:
a) present his/her enforcer card;
b) specifically verify assets, income and other capabilities of executing the judgment. Regarding assets that must be granted registration of ownership or right for use or registration of secured transactions, the verification shall be conducted at an agency having power to register such assets and transactions;
c) In case of written verification, a written request for verification shall clearly state contents to be verified and other necessary information;
d) In case the judgment debtor is an agency or organization, directly consider assets and capital and asset management books; conduct verification in another involved agency or organization managing, preserving or storing information on the judgment debtor’s assets and account;
dd) Request a professional agency to invite or hire experts to clarify contents to be verified when necessary;
e) Make a written record clearly showing verification results with certification by the People’s Committee, the commune-level police or agency, organization or individual that has conducted verification.
5. The judgment creditor may directly verify or authorize another person to verify capability of executing the judgment, provide information on the judgment debtor’s assets, income and capability of executing the judgment to the civil judgment-enforcing agency.
In case the enforcer finds it necessary or the enforcer’s verification results are different from the judgment creditor’s ones or there is protest lodged by a people’s procuracy, re-verification shall be conducted. Re-verification shall be conducted within 5 working days after receipt of verification results provided by involved parties or receipt of the protest from the people’s procuracy.
6. Responsibilities of relevant agencies, organizations and individuals for verification of capability of executing judgments:
a) Agencies, organizations and officials engaged in justice-civil status, cadastral work-construction-urban centers and environment, other commune-level officials, and relevant individuals shall comply with requests made by enforcers and take their responsibilities for the provided information;
b) Social insurance authorities, banks and other credit institutions, land use right registration offices, security transaction registration agencies, notary offices, and other agencies, organizations and individuals holding information or managing assets and accounts of judgment debtors shall provide information on their capability of executing judgments; sign written records in case enforcers directly make verification or reply in writing within 3 working days after receipt of written requests from enforces; judgment debtors’ account information shall be provided immediately;
c) Agencies, organizations and individuals holding information or managing assets and accounts of judgment debtors shall provide information when receiving requests from judgment creditors or their authorized representatives within 5 working days after receipt of such requests, except for force majeure circumstances or objective obstacles. In case of refusal, these agencies, organizations and individuals shall reply in writing, clearly stating reasons.
7. Judgment creditors, agencies, organizations and individuals that fail to provide, or provide untruthful information on judgment debtors’ capability of executing judgments shall be responsible to the law, pay arising expenses and compensation for damage (if any).
8. The Government shall elaborate this Article.
Article 44a. Identification of incapability of executing judgments [[41]]
1. On the basis of results of verification of capability of executing a judgment, a head of civil judgment-enforcing agency shall issue a decision on incapability of executing the judgment in the following cases:
a) The judgment debtor has no income or has low income which can only ensure his/her minimum living standards and persons whom he/she shall nurture, and has no assets for judgment enforcement or has assets the value of which is only sufficient to pay expenses for coercive judgment enforcement or has assets which are not allowed to be distrained and handled for judgment enforcement under law;
b) The judgment debtor is obliged to return specific objects, but these objects no longer exist or are irreparably damaged, or to return documents that are neither recoverable nor reissuable, provided involved parties do not otherwise agree.
c) The address or place of residence of the judgment debtor or a minor in their custody cannot be identified.
2. Information on name, address and judgment execution obligations of a judgment debtor that is not capable of executing a judgment shall be posted up on the website on civil judgment enforcement and sent to the People’s Committee of commune where it is verified for public notification. When the judgment debtor is capable of executing the judgment, the judgment-enforcing agencies shall organize the judgment enforcement.
The Government shall elaborate this clause.
Article 45. Deadline for voluntary execution of judgment [[42]]
1. A judgment shall be voluntarily executed within 10 days from the date on which the judgment debtor receives or is properly notified of a judgment enforcement decision.
2. In case of necessity to prevent the judgment debtor from dispersing or destroying assets or shirking the judgment enforcement, the enforcer may promptly apply measures specified in Chapter IV of this Law.
Article 46. Coercive enforcement of judgments
1. After the deadline specified in Clause 1 Article 45 of this Law, the judgment debtor that is capable of executing the judgment but fails to voluntarily execute the judgment shall be coerced to do so.
2. The coercive enforcement of judgments is prohibited from 10 pm to 6 am, or on weekends and holidays as provided by law and in other special cases specified by the Government of Vietnam.
Article 47. Payment of money collected from judgment enforcement and return of assets for judgment enforcement [[43]]
1. Debts collected from judgment enforcement shall, after deduction of judgment enforcement expenses and debts specified in clause 5, Article 115 of this Law, be used for payment in the following order:
a) Alimony; salary, wage, severance pays, redundancy pays, compensation for loss of capacity for work; compensation for loss of lives, damage to health or mental harm;
b) Court fees and charges;
c) Other amounts payable under judgments or decisions that must be enforced.
2. In case there are multiple judgment creditors under a judgment, debts collected from judgment enforcement shall be paid as follows:
a) The payment shall be made in the order specified in clause 1 of this Article. In case there are multiple judgment creditors at the same priority level, the payment shall be made in proportion to sums debts receivable by these creditors;
b) Debts collected under a coercive judgment enforcement decision shall be paid to those who are judgment creditors by the time of issuance of such decision. The remaining debts shall be paid to those who are judgment creditors under other judgment enforcement decisions by the time of payment;
c) After payment under points a and b of this Clause, the remaining debts shall be returned to judgment debtors.
3. In case the asset being pledged as collateral is realized and a pledgee/mortgagee is a judgment creditor, or in case the asset sold is distrained under a judgment or decision for the fulfillment of a specific obligation, the amount collected from selling the distrained asset or the asset being pledged as collateral shall be paid first of all to the pledgee, the mortgagee or the obligor after deduction of court fees, judgment enforcement expenses and debts specified in clause 5, Article 115 of this Law.
In case the asset being pledged as collateral is realized and a pledgee/mortgagee is not a judgment creditor, such pledge/mortgagee shall be paid before other debts specified in this Article are paid.
4. The order of payment of debts collected from enforcement of bankruptcy judgments shall comply with the law on bankruptcy.
5. Within 10 days from the date of collection of debts or assets from judgment enforcement, enforcers shall pay such debts or return the assets in accordance with clauses 1, 2 and 3 of this Article.
In case the involved parties fail to receive their debts or assets, such debts and assets shall be handled according to Article 126 of this Law.
Article 48. Judgment enforcement postponement
1.[[44]] The head of civil judgment-enforcing agency shall issue a decision to postpone judgment enforcement in the following cases:
a) The judgment debtor is seriously ill as certified by at least a medical facility of district, or has entirely or partially lost his/her civil act capacity under a court decision;
b) The judgment debtor’s address has not yet been identified, or the judgment debtor cannot fulfill by themselves their obligations under the judgment or decision for other plausible reasons;
c) Involved parties agree to postpone the judgment enforcement. The agreement on postponement shall be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor is not required to bear interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties;
d) Assets used for judgment enforcement are accepted by a court for settlement under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than the enforcement expense and the secured debt upon the reduction of their prices under regulation;
dd) The judgment is enforced during the period on which the competent agency explains the judgment/decision and responds to recommendations from the civil judgment-enforcing agency under point b, clause 2, Article 170 and clause 2, Article 179 of this Law;
e) Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to receive such assets and persons;
g) The transfer of rights and obligations for judgment enforcement according to Article 54 of this Law has not been made due to force majeure circumstances or objective obstacles;
h) Distrained assets cannot be sold and the judgment creditor refuses to receive them for judgment execution under clause 3, Article 104 of this Law.
2. The head of civil judgment-enforcing agency shall issue a decision on judgment enforcement postponement upon receiving a request from a person having power to lodge protest at least 24 hours before the time of coercive judgment enforcement indicated in a coercion decision. In case the judgment-enforcing agency receives such request less than 24 hours before the time of coercive enforcement indicated in the decision on coercive judgment enforcement, the head of civil judgment-enforcing agency is entitled to decide the judgment enforcement postponement if necessary.
Regarding a judgment which has been partially or completely enforced, the civil judgment-enforcing agency shall promptly notify in writing the applicant for postponement of judgment enforcement
The person having power to lodge protest against the court judgment or decision according to cassation or reopening procedures may only request enforcement postponement once for consideration of their protest in order to avoid irremediable consequences.
The maximum duration of judgment enforcement postponement at the request of the person having power to lodge protest against the judgment or decision is 3 months from the date of making written request for judgment enforcement postponement. During this duration, the judgment debtor is not required to bear interest arising from the postponed judgment enforcement.
3. The duration for issuance of a judgment enforcement postponement decision is 5 working days from the date on which there is one of the grounds as specified in clause 1 of this Article. In the case specified in clause 2 of this Article, the judgment enforcement postponement decision shall be promptly issued upon receipt of a competent person’s request.
4. Within 5 working days after the ground for postponement of judgment enforcement specified in clause 1 of this Article no longer exists or the expiration of the duration for judgment enforcement postponement at the request of the person defined in clause 2 of this Article or the receipt of written reply from the person having power to lodge protest to non-existence of grounds for protest, the head of civil judgment-enforcing agency shall issue a decision to continue judgment enforcement.
Article 49. Judgment enforcement suspension
1. The head of civil judgment-enforcing agency shall notify judgment enforcement suspension upon receiving a decision to suspend judgment enforcement from a person having power to lodge protest against a judgment or decision according to cassation or re-opening procedures.
Regarding a judgment/decision which has been partially or completely enforced, the head of the civil judgment-enforcing agency shall promptly notify in writing the protester.
During the duration of judgment enforcement suspension due to the protest, the judgment debtor is not required to bear interest arising from the suspended judgment enforcement.
2. The head of civil judgment-enforcing agency shall issue a judgment enforcement suspension decision upon receiving a written notification from a Court of acceptance of an application for opening of bankruptcy procedures for a judgment debtor.
The duration for issuance of a judgment enforcement suspension decision is 5 working days from the date of receipt of the notification from the Court.
3. The head of civil judgment-enforcing agency shall issue a decision to continue judgment enforcement within 5 working days after the receipt of any of the following decisions:
a) Decision to withdraw the protest issued by the person having power to lodge protest;
b) Court’s cassation or re-opening decision to uphold the protested judgment or decision;
c) Court’s decision on suspension of procedures for bankruptcy or resumption of business operations conducted by an enterprise or cooperative going into bankruptcy.
Article 50. Judgment enforcement termination
1.[[45]] The head of civil judgment-enforcing agency shall issue a decision to terminate judgment enforcement in the following cases:
a) The judgment debtor dies without estate or after his/her death, his/her obligations under the judgment or decision shall not be transferred, as prescribed by law, to his/her heirs;
b) The judgment creditor dies but his/her rights and interests under the judgment or decision shall not be transferred to his/her heirs or he/she dies without heirs;
c) Involved parties agree in writing or the judgment creditor requests in writing the civil judgment-enforcing agency to partially or wholly terminate rights and interests of the judgment creditor, under the judgment or decision, unless the judgment enforcement termination affects legitimate rights and interests of the third party;
d) The judgment or decision is partially or wholly quashed, except the case specified in clause 2, Article 103 of this Law;
dd) The judgment debtor being an organization is dissolved and has no assets while, as prescribed by law, its obligations shall not be transferred to another organization;
e) There is a decision on cancellation of their debt;
g) The Court has decided to open bankruptcy procedures for the judgment debtor;
h) The minor in their custody under the judgment or decision dies or has come of age.
2. The duration for issuance of a judgment enforcement termination decision is 5 working days from the date on which there is a ground for judgment enforcement termination specified in clause 1 of this Article.
Article 51. [[46]] (annulled)
Article 52. Judgment enforcement conclusion [[47]]
Judgment enforcement automatically concludes in the following cases:
1. The civil judgment-enforcing agency certifies that involved parties have completely exercised their rights and fulfilled their obligations.
2. There is a judgment enforcement termination decision.
Article 53. Certification of judgment enforcement results
Involved parties may request a civil judgment-enforcing agency to certify judgment enforcement results.
Within 05 working days after receiving a request from involved parties, the head of civil judgment-enforcing agency shall issue a written certification of judgment enforcement results.
Article 54. Transfer of the right/obligation to execute a judgment
1. An organization’s right/obligation to execute a judgment shall be transferred as follows:
a) In case of consolidation, the new organization shall continue exercising the right or performing the obligation to execute the judgment, unless otherwise provided for by law;
b) In case of merger, the organization established after merger shall continue exercising the right or performing the obligation to execute the judgment, unless otherwise provided for by law;
c) In case of division or separation, an agency issuing a division and separation decision shall clearly identify an individual/organization that continues exercising the right or performing the obligation to execute the judgment under this decision, unless otherwise provided for by law.
If the division or separation decision does not contain regulations on the obligation of the new organization, the new organization shall, after the division or separation, take joint responsibility for performing the judgment execution obligation of the divided or separated organization;
d)[[48]] In case of dissolution, an agency having power to issue a dissolution decision shall notify the civil judgment-enforcing agency before issuing the dissolution decision.. In case the judgment execution right or obligation of a dissolved organization is transferred to another organization, the latter shall continue exercising the right or performing the obligation to execute the judgment.
In case an enterprise is dissolved due to the revocation of its business registration certificate as prescribed in the Law on Enterprises, the judgment execution obligation shall be transferred under the Law on Enterprises.
The civil judgment-enforcing agency, the judgment creditor, the person having related rights and obligations may request the competent agency to reconsider the dissolution decision in accordance with law.
In case assets used for judgment enforcement no longer exist due to illegal execution of the dissolution decision, the dissolution decision-issuing agency shall fulfill the obligation of the dissolved organization corresponding to these assets;
dd) In case of bankruptcy, the judgment execution right or obligation shall be exercised or performed under a bankruptcy decision;
e)[[49]] In case an enterprise, which has not yet exercised its right or performed its obligation to execute the judgment, is transformed into a joint-stock company, the joint- stock company shall continue exercising the right or performing the obligation to execute the judgment.
2. In case the judgment creditor or the judgment debtor being an individual dies, his/her judgment execution right or obligation shall be transferred to another person under the law on inheritance.
3. In the cases specified in Clauses 1 and 2 of this Article, the organization/individual whose right or obligation to execute the judgment is transferred may make a written request for judgment enforcement or shall continue exercising the right or performing the obligation to execute the judgment under this Law.
The head of civil judgment-enforcing agency shall issue a judgment enforcement decision for the new individual/organization corresponding to the transferred judgment enforcement right or obligation and a decision on revocation of the previously issued judgment enforcement decision.
Regarding other judgment enforcement decisions and notices, the civil judgment-enforcing agency may, on a case-by-case basis, uphold, revoke or issue other appropriate decisions and notices under this Law.
4. In case an involved party agrees with the transfer of the judgment execution right or obligation to a third party, the latter will have the rights and obligations of such involved party.
Article 55. Entrustment of judgment enforcement and entrustment of handling assets[[50]]
1. Civil judgment-enforcing agencies shall entrust the judgment enforcement in the following cases:
a) Entrust judgment enforcement to civil judgment-enforcing agencies in provinces/districts/communes where judgment debtors have their assets, work, reside or are headquartered after completion of the handling of assets temporarily held, seized or distrained in such provinces/districts/communes related to entrusted sums of money, except for the case in point b of this clause.
In case of entrusted performance of asset-related obligations, entrust the performance to the civil judgment-enforcing agency in the province/district/commune where the judgment debtor has his/her assets; if the province/district/commune where assets exist cannot be identified, the performance shall be entrusted to the civil judgment-enforcing agency in the place where the judgment debtor works, resides or is headquartered.
In case of performance of a joint obligation, if the judgment debtor has assets, works, lives or is headquartered in different provinces/districts/communes, entrust the whole judgment enforcement obligation to the civil judgment-enforcing agency in a province/district/commune where the judgment debtor has sufficient capability of executing the judgment;
b) Entrust judgment enforcement in relation to secured asset on the basis of the judgment or decision to the civil-enforcing agency in the province/district/commune where the asset exits.
2. The civil judgment-enforcing agency may handle assets within its province/district/commune and also entrust the handling of assets to the civil judgment-enforcing agency in the province/district/commune where the assets that are distrained or frozen under a Court’s judgment or decision exist or handle assets which exist in different provinces/districts/communes.
Article 55. Entrustment of judgment enforcement and entrustment of handling assets[[51]]
1. Provincial civil judgment-enforcing agencies shall entrust the judgment enforcement or the handling of assets in the following cases:
a) Entrust to provincial civil judgment-enforcing agencies in other provinces the enforcement of judgments and decisions on reinstatement of employees or payment of compensations for damage whereby judgment debtors are provincial or central state agencies; judgments and decisions involving foreign elements or related to intellectual property rights; decisions issued by commercial arbitrators; decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases issued by the President of the National Competition Commission, the anti-competitive complaint handling council;
b) Entrust to military zone-level judgment-enforcing agencies the enforcement of judgments and decisions under which involved parties or assets are related to the Army in their zones;
c) Entrust to district-level civil judgment-enforcing agencies the enforcement of other judgments and decisions, except the cases specified at points a and b of this clause.
2. District-level civil judgment-enforcing agencies may entrust judgment enforcement or handling of assets of cases under their judgment enforcement jurisdiction to provincial civil judgment-enforcing agencies in other provinces, military zone-level judgment-enforcing agencies or other district-level judgment-enforcing agencies.
3. Military zone-level judgment-enforcing agencies may entrust cases under their judgment enforcement jurisdiction to other military zone-level judgment-enforcing agencies, provincial or district-level civil judgment-enforcing agencies.
Article 57. Procedures for entrusting judgment enforcement and handling of assets[[52]]
1. Procedures for entrusting judgment enforcement:
a) Within 5 working days from the date of identification of grounds for entrustment, the head of civil judgment-enforcing agency shall issue a judgment enforcement decision. In case of enforcement of a decision on application of provisional urgent measures, the entrustment decision shall be issued within 24 hours since there are grounds for entrustment. In case the entrustment is deemed necessary after the entrustment decision is issued, a revocation decision shall be issued to revoke a part or the whole of the enforcement decision.
A dossier on entrustment of judgment enforcement includes a decision on entrustment of judgment enforcement; a judgment or decision or a copy thereof in case of entrustment to authorities in multiple places, or under point b clause 1 Article 55 of this Law; copy of the record of distraint or temporary seizure of assets and relevant documents, if any;
b) Within 5 working days from the date of receipt of the entrustment decision, the head of the entrusted civil judgment-enforcing agency shall issue an enforcement decision and notify in writing to the entrusting civil judgment- enforcing agency. In case of enforcement of decision on application of provisional emergency measures, the enforcement decision shall be issued immediately.
2. Procedures for entrusting the handling of assets:
a) The head of civil judgment-enforcing agency shall issue a decision on entrustment of handling assets.
A dossier on entrustment of the handling of assets includes a decision on entrustment of the handling of assets; a copy of judgment or decision; a judgment enforcement decision and relevant documents, if any;
b) Within 5 working days from the date of receipt of the entrustment decision, the head of the entrusted civil judgment-enforcing agency shall issue a decision to handle the entrusted assets, designate an executor to enforce the judgment and notify in writing to the entrusting civil judgment- enforcing agency.
The enforcer shall, according to the enforcement decision, the result from enforcement by the entrusting civil judgment-enforcing agency and the decision on entrustment of handling assets, further carry out procedures for handling assets as per this Law;
c) Within 05 working days from the date on which the asset is delivered to the highest bidder at an auction or the person who receives the asset as a deduction from the money for judgment enforcement, the civil judgment-enforcing agency that is entrusted to handle the asset shall transfer the proceed obtained to the entrusting civil judgment-enforcing agency for payment as prescribed in Article 47 of this Law, after deducting the cost of enforcing the judgment, and give a written notice to the entrusting civil judgment-enforcing agency;
d) The entrusting civil judgment-enforcing agency shall take full responsibility for the enforcement process, except for handling of asset of the entrusted civil judgment-enforcing agency.
If the value of the asset or the proceed obtained from the asset once it is auctioned off is sufficient to pay off the amount owed by the judgment debtor and relevant costs or a decision on postponement or suspension of judgment enforcement is made, the entrusting civil judgment-enforcing agency shall promptly notify the entrusted civil judgment-enforcing agency in writing to suspend the handling of remaining assets. The handling of assets will proceed further if it is so notified by the entrusting civil judgment-enforcing agency.
If the money for judgment enforcement and relevant costs are fully paid off or a decision on postponement or suspension of judgment enforcement is made, the entrusting civil judgment-enforcing agency shall promptly notify the entrusted civil judgment-enforcing agency in writing to terminate the handling of remaining assets, and release the distrained asset as per this Law. The entrusting civil judgment-enforcing agency shall pay for the cost of judgment enforcement before termination of handling assets to the entrusted civil judgment-enforcing agency as prescribed in clause 1 and clause 2 Article 73 hereof;
dd) The entrusted civil judgment-enforcing agency shall comply with regulations on handling assets, promptly send a written notice of asset valuation result, auction time, results from handling asset to the entrusting civil judgment-enforcing agency; suspend or terminate the handling of assets as required by the entrusting civil judgment-enforcing agency.
3. The entrusted civil judgment-enforcing agency may not refuse to execute the decision on entrustment of judgment enforcement, handling of assets, unless the entrustment decision has any error or mistake as to contents or power of the entrusted civil judgment-enforcing agency.
Article 58. Preservation of assets for judgment enforcement
1. Assets for judgment enforcement shall be preserved in any of the following forms:
a) Consignment to judgment debtors or their relatives defined in clause 2, Article 40 of this Law or current users for preservation;
b) Preservation by individuals and organizations that are capable of preservation;
c) Preservation in warehouses of civil judgment-enforcing agencies.
2. Assets being precious metals, gems, cash or valuable documents shall be preserved at the State Treasury.
3. A written record shall be made of the handover of assets for preservation, clearly indicating kinds and state of assets; time and date of handover; full name of each enforcer, involved party, person assigned to preserve assets, and witness, if any; rights and obligations of persons assigned to preserve assets, and be signed by relevant parties. If any person refuses to sign the written record, the refusal and reason therefor shall be clearly stated in the record.
Persons assigned to preserve assets defined at point b, clause 1 of this Article will be paid remuneration and expenses for asset preservation. Asset preservation remuneration and expenses shall be borne by judgment debtors, unless otherwise provided for by law.
4. Written records of handover of assets for preservation shall be handed over to involved parties, persons having related rights and obligations, persons assigned to preserve assets or current asset users or preservers, and filed into in judgment enforcement dossiers.
5. Persons assigned to preserve assets who violate asset preservation regulations shall, depending on the nature and seriousness of their violations, be fined, disciplined or criminally prosecuted. If they cause damage, they shall pay compensations as prescribed by law.
Article 59. Judgment enforcement upon a change in asset prices at the time of judgment enforcement
In case a party, under a judgment or decision, receives assets and is obliged to pay to the other party the asset value he/she receives, but at the time of judgment enforcement, the asset value changes and any involved party requests the asset valuation, these assets shall be valuated under Article 98 of this Law for judgment enforcement.
Article 60. Civil judgment enforcement fee
Judgment creditors shall pay civil judgment enforcement fees.
The Government of Vietnam shall specify civil judgment enforcement fees, procedures for collection, remittance, and management and use thereof.
Article 61. Conditions for reduction or cancellation of debts payable to state budget [[53]]
1. A judgment debtor may be considered for cancellation of their debt if the following conditions are met:
a) Having no assets for judgment enforcement or having assets which are not allowed to be handled for judgment enforcement as prescribed by law, or having no income or having low income which can only ensure the minimum living standards for them and persons that they are responsible for nurture;
b) The duration of 5 years from the date of issuance of a judgment enforcement decision regarding any debt collectible by state budget valued at under 2.000.000 VND; or 10 years after issuance of a judgment enforcement decision regarding any debt collectible by state budget valued at between 2.000.000 VND and under 5.000.000 VND expires.
2. The judgment debtor that has partially paid the debt payable to state budget may be considered for cancellation of the remaining debt if they meet the following conditions:
a) They fall into the case specified at point a, clause 1 of this Article;
b) b) The duration of 05 years after the issuance of a judgment enforcement decision in case the remaining debt is valued at under 5.000.000 VND; or 10 years after the issuance of a judgment enforcement decision if the remaining debt is valued at between 5.000.000 VND and under 10.000.000 VND expires.
3. The judgment debtor that has partially paid the debt payable to state budget and falls into the case specified at point a, clause 1 of this Article shall be considered for reduction of a part of their debt if one of the following conditions are met:
a) The duration of 5 years after the issuance of a judgment enforcement decision in case the remaining debt is valued at between 10.000.000 VND and 100.000.000 VND expires, each reduction must not exceed a quarter of the remaining debt;
b) The duration of 10 years after the issuance of a judgment enforcement decision in case the remaining debt is valued at over 100.000.000 VND expires, each reduction must not exceed one fifth of the remaining debt and 50.000.000 VND.
4. Judgment debtors that have proactively paid part of court fees and fines, but suffer prolonged extremely difficult economic conditions due to natural disaster, fire, accident, or illness which render them unable to pay their remaining debts, or have accomplished feats, may be considered for cancellation of their remaining debt.
5. Each judgment debtor specified in clause 1, 2 or 3 of this Article will be considered for reduction or cancellation of their debt for each judgment or decision only once a year.
The first-time judgment enforcement decision serves as a ground for determination of the time limit for reduction or cancellation of the debt.
6. The Ministry of Justice of Vietnam shall take charge and cooperate with the Supreme People’s Court of Vietnam and the Supreme People’s Procuracy of Vietnam in providing guidance on this Article.
Article 62. Applications for consideration of reduction or cancellation of debts payable to state budget
The civil judgment-enforcing agency shall make an application for consideration of reduction or cancellation of a debt and send it to the competent Court. The application shall include the following documents:
1. A written request for consideration of reduction or cancellation of the debt, made by the head of the civil judgment-enforcing agency or the chairman of the procuracy in case of application for consideration of exemption from or reduction of a fine;
2. A judgment or decision issued the Court or a judgment enforcement decision issued by the civil judgment-enforcing agency;
3. A written record of verification of capability of executing the judgment of the judgment debtor, made within 3 months before applying for consideration of cancellation or reduction;
4. Another document proving the eligibility of the judgment debtor for consideration of reduction or cancellation of their debt, if any;
5. Written opinions of the procuracy at the same level in case the civil judgment-enforcing agency applies for the consideration of reduction or cancellation of the debt.
Article 63. Power and procedures for consideration of reduction or cancellation of debts payable to state budget
1. People’s Courts of districts, towns or provincial cities, and military courts of zones (hereinafter referred to as “People’s Courts of urban and rural districts, towns, provincial cities and equivalents[[54]]”) where civil judgment-enforcing agencies organizing the judgment enforcement are located have power to consider reduction or cancellation of debts payable to state budget.
2. Within 02 working days from the date of receipt of applications for consideration of reduction or cancellation of the debts, Courts shall accept and process these applications.
Within 20 days from the date of acceptance of such applications, Judges assigned to handle cases shall hold hearings to consider reduction or cancellation of the debts.
3. A hearing for consideration of reduction or cancellation of the debt shall be chaired by a Judge with participation by representatives of the procuracy at the same level and the civil judgment-enforcing agency that has applied for consideration of cancellation or reduction.
When considering reduction or cancellation of the debt, the representative of the civil judgment-enforcing agency shall briefly present the application for consideration of cancellation or reduction, while the representative of the procuracy shall give opinions on the application. After considering the application and the opinions of the representatives of the procuracy and the civil judgment-enforcing agency, the Judge shall issue a decision on acceptance, partial acceptance or non-acceptance of the application.
4. Within 05 working days after issuing a decision on reduction or cancellation of the debt, the Court shall send it to the person eligible for consideration of reduction or cancellation of the debt, the procuracy at the same level, the superior procuracy, the civil judgment-enforcing agency that has applied for consideration of reduction or cancellation of the debt, the prison or detention camp where the person eligible for consideration of reduction or cancellation of the debt payable to state budget is serving their imprisonment sentence.
Article 64. Protests against Courts’ decisions on reduction or cancellation of debts payable to state budget
1. A Court decision on reduction or cancellation of a debt may be protested by a procuracy according to appellate procedures. The time limit for a procuracy at the same level or a superior procuracy to lodge a protest is 7 or 15 days, respectively, from the date of receipt of the decision.
Upon the expiration of the above time limit, if the procuracy does not lodge protest, the Court decision will take effect.
2. Within 07 days from the date of receipt of a procuracy’s protest decision, the Court that has issued the decision on reduction or cancellation of the debt shall transfer a written protest and its dossier to its superior Court.
3. Within 15 days from the date of receipt of the protest dossier, the superior Court shall hold a hearing to consider the protest.
A hearing for consideration of a protest shall be chaired by a Judge with participation by a representative of the procuracy at the same level. When necessary, the Court may request the representative of the civil judgment-enforcing agency that has made the application for consideration of cancellation or reduction to participate in the hearing. The Judge chairing the hearing shall issue a protest settlement decision.
Court decisions on settlement of protests against reduction or cancellation of debts shall be enforced.
4. In case the procuracy revokes its protest decision before or during the hearing for consideration of the protest, the Court shall issue a decision to terminate consideration of the protest. The protested decision on reduction or cancellation of the debt shall be enforced.
5. After the decision on reduction or cancellation of the debt takes effect, if it is detected that the judgment debtor hides or disperses assets for application for reduction or cancellation of the debt or shirks judgment enforcement, the civil judgment-enforcing agency and the procuracy that has applied for consideration of cancellation or reduction shall request a competent court chief judge or procuracy chairman under the criminal procedure and civil procedure laws to consider lodging a protest against the decision on reduction or cancellation of the debt according to re-opening procedures.
Article 65. Maintenance of funding from state budget for judgment enforcement
In case an agency and organization that is granted funding by the state budget for their operations and obliged to execute a judgment has implemented all necessary financial measures but remains unable to execute the judgment, the debt will be covered by state budget. The material liability of damage-causing parties shall be handled under law.
The Government of Vietnam shall elaborate powers, conditions, entities and procedures for maintenance of funding for judgment enforcement.
Chapter IV
MEASURES FOR SECURING AND COERCING JUDGMENT ENFORCEMENT
Section 1
MEASURES FOR SECURING JUDGMENT ENFORCEMENT
Article 66. Measures for securing judgment enforcement
1. Enforcers may, at their own will or when requested in writing by involved parties, promptly apply measures to secure judgment enforcement in order to prevent dispersing or destructing assets or shirking judgment enforcement.
When applying measures to secure judgment enforcement, enforcers are not required to notify involved parties in advance
2. Parties who request enforcers to apply security measures shall be responsible to law for their requests. In case they make wrongful requests, causing damage to parties to whom security measures are applied or third parties, they shall pay compensations.
3. Measures for securing judgment enforcement include:
a) Freezing accounts;
b) Temporarily seizing assets and documents;
c) Suspending registration, transfer or change in the conditions of assets.
Article 67. Freezing accounts and assets in places of their deposit[[55]]
1. Accounts and assets in places of their deposit shall be frozen in case judgment debtors have accounts and assets to be deposited.
2. The decision to freeze accounts and assets in places of their deposit shall clearly state the amount of money and assets to be frozen. Enforcers shall hand over decisions to freeze accounts and assets to agencies, organizations or individuals currently managing accounts and assets of judgment debtors.
In case of necessity to immediately freeze judgment debtors’ accounts and assets without freezing decisions, enforcers shall make written records to request agencies, organizations and individuals managing judgment debtors’ accounts and assets to freeze such accounts and assets. Within 24 hours after making these written records, enforcers shall issue decisions to freeze accounts and assets.
Agencies, organizations and individuals managing accounts and assets shall promptly comply with the enforcers’ requests for freezing accounts and assets. In this case, written records and decisions to freeze accounts and assets shall be immediately submitted to people’s procuracies at the same level.
3. Within 10 days from the date of issuance of decisions to freeze accounts and assets in places of their deposit, enforcers shall apply coercive measures or issue decisions to terminate the freezing under this Law.
Article 68. Temporary seizure of assets and documents of involved parties[[56]]
1. Enforcers who are enforcing judgments may temporarily seize assets and documents related to the judgment enforcement which are currently managed and used by involved parties or other organizations and individuals. Related agencies, organizations and individuals shall cooperate with and assist enforcers and comply with their requests for temporary seizure of assets and documents.
2. Decisions to temporarily seize assets and documents shall clearly state types of assets and documents to be temporarily seized. Enforcers shall hand over these decisions to involved parties or organizations and individuals currently managing and using such assets and documents.
In case of necessity to immediately seize assets and documents without decisions to temporarily seize assets and documents, enforcers shall request the handover of such assets and documents and make written records thereof.
Within 24 hours after making written records, enforcers shall issue decisions to temporarily seize assets and documents. Written records and decisions to temporarily seize assets and documents shall be promptly submitted to people’s procuracies at the same level.
3. A written record of the temporary seizure of assets and documents shall be made and signed by the enforcer and the person managing such assets and documents; In case the enforce and the person refuse to sign, the written record shall bear signatures of witnesses. Written records of temporary seizure of assets and documents shall be handed over to persons managing assets and documents.
4. Enforcers shall request involved parties, and related agencies, organizations and individuals to provide necessary documents and documents to prove their ownership and rights to use such assets and documents; and notify involved parties and related agencies, organizations and individuals of their rights to file lawsuits for request for determination of the ownership of and rights to use assets and documents temporarily seized.
When necessary, enforcers shall verify and clarify or request Courts or competent agencies to determine persons acquiring ownership and having rights to use assets and documents temporarily seized.
5. Within 10 days from the date on which there is ground to determine that a judgment debtor acquires the ownership of or the right to use the temporarily seized assets and documents, the enforcer shall issue a decision on application of coercive measures as prescribed in Chapter IV of this Law; in case there is ground to determine that the judgment debtor does not acquire the ownership of or the right to use the temporarily seized assets and documents, or the judgment debtor acquires the ownership of or the right to use the temporarily seized assets and documents, and has completely fulfilled their obligations, the enforcer shall issue a decision to return assets and documents to a person acquiring the ownership of or the right to use them.
Article 69. Suspension of registration or transfer of ownership or right to use or change in the conditions of assets[[57]]
1. When it is necessary to prevent involved parties from, or these parties are detected to have committed acts of, transferring the ownership or use rights, dispersing, destroying or changing the conditions of assets and shirking the judgment enforcement, enforcers shall issue decisions to suspend the registration or transfer of ownership or rights to use or change in the conditions of assets by judgment debtors and their common assets with other persons.
2. Such decisions shall be promptly sent to related agencies, organizations and individuals for suspension of registration or transfer of ownership or rights to use or change in the conditions of these assets.
3. Enforcers shall request involved parties, and related agencies, organizations and individuals to provide necessary documents and documents to prove their ownership of and rights to use assets; and notify involved parties and related agencies, organizations and individuals of their rights to file lawsuits for request for determination of the ownership and rights to use assets.
When necessary, enforcers shall verify and clarify or request Courts and competent agencies to determine the ownership and rights to use assets for judgment enforcement, and settle disputes over assets; and request the destruction of documents and cancellation of transactions related to such assets in accordance with law.
4. Within 10 days from the date on which there is ground to determine that a judgment debtor acquires the ownership of or the right to use assets, the enforcer shall issue a decision on application of coercive measures as prescribed in Chapter IV of this Law; in case there is ground to determine that the judgment debtor does not acquire the ownership of or the right to use assets, the enforcer shall issue a decision to terminate the suspension of the registration or transfer of ownership or right to use or change in the conditions of assets.
Section 2
GENERAL PROVISIONS ON COERCIVE JUDGMENT ENFORCEMENT
Article 70. Grounds for coercive judgment enforcement
Grounds for coercive judgment enforcement include:
1. Judgments or decisions;
2. Judgment enforcement decisions;
3. Coercive judgment enforcement decisions, unless the distraint of assets or freezing of accounts and courts are declared on judgments or decisions or Courts’ decisions on application of provisional urgent measures are executed.
Article 71. Measures for coerce judgment enforcement
1. Deduction of money on accounts; recovery and handling of money and valuable documents of judgment debtors.
2. Deduction of incomes of judgment debtors.
3. Distraint and handling of assets of judgment debtors, including assets held by third parties.
4. Utilization of assets of judgment debtors.
5. Forced transfer of objects, property rights and documents.
6. Forced performance or non-performance of certain tasks by judgment debtors.
Article 72. Coercive judgment enforcement plans[[58]]
1. Enforcers shall make coercive judgment enforcement plans in case of necessity to mobilize forces.
2. A coercive judgment enforcement plan shall contain the following principal contents:
a) Name of the person to which the coercive measure is applied;
b) Coercive measure to be applied;
c) Coercive measure to be applied;
d) Method of coercive enforcement;
dd) Forces that participate in protection of the coercive enforcement;
e) Estimated expenses for the coercive enforcement.
3. Coercive enforcement plans shall be promptly sent to people’s procuracies and public security offices at the same level, People’s Committees of communes where the coercive enforcement is organized, and agencies, organizations and individuals related to coercive enforcement. Related agencies, organizations and individuals shall enforce judgments according to these plans and at the requests of enforcers.
4. Within 03 working days from the date of receipt of coercive enforcement plans of civil judgment-enforcing agencies at the same level, public security offices shall formulate coercive enforcement and coercive enforcement protection plans.
Public security offices shall allocate necessary forces and means to maintain security and protect scenes, promptly prevent and handle acts of dispersing assets, obstructing or opposing the judgment enforcement, temporarily seize opposers, and institute criminal cases when there is any sign of crimes.
Article 73. Expenses for coercive judgment enforcement
1. Judgment debtors shall bear the following expenses for coercive judgment enforcement:
a) Expense for notification of coercive judgment enforcement;
b) Expense for purchase of materials and fuel, hire of protection, medical and fire and explosion prevention and control means and equipment, and other means and equipment necessary for judgment enforcement;
c) Expense for valuation, assessment and auction of assets; expense for revaluation of assets, except for the cases specified at point a, clause 2 and point a, clause 3, of this Article;
d) Expense for rental, safekeeping and preservation of assets; expense for loading, unloading and transporting assets; expense for employment of workers and cost of building partitions or dismantlement; expense for hired measurement and placement of landmarks for coercive judgment enforcement;
dd) Expense for temporary seizure of assets and documents;
e) Payment for persons directly participating in and protecting coercive judgment enforcement.
2. Judgment creditors shall bear the following expenses for coercive judgment enforcement:
a)[[59]] Expense for revaluation of assets at the requests of judgment creditors, except for revaluation due to violations against valuation regulations;
b) Part or the whole of expense for building partitions or dismantlement in case a judgment creditor shall bear this expense according to a judgment or decision.
3. The state budget shall cover expense for judgment enforcement in the following cases:
a) Revaluation of assets due to violations against valuation regulations;
b)[[60]] Expense for verification of judgment execution capability;
c) Other necessary expenses under the Government’s regulations;
d) Involved parties are entitled to exemption from or reduction of expenses for coercive judgment enforcement under law.
4. Enforcers shall estimate expenses for coercive enforcement and notify them to judgment debtors at least 03 working days before the planned date of coercive enforcement, except for the case of coercive enforcement without delay. Expenses for coercive judgment enforcement are advanced by the state budget.
5. Expenses for coercive judgment enforcement shall be paid according to actually and reasonably paid amounts which are approved by heads of civil judgment-enforcing agencies as proposed by enforcers.
Heads of civil judgment-enforcing agencies organizing judgment enforcement shall consider exemption from or reduction of expenses for coercive judgment enforcement.
6. Expenses for coercive judgment enforcement shall be paid by involved parties or deducted from collected debts or proceeds from the auction of distrained assets, including those held by third parties. After handling assets or collecting money, enforcers shall follow procedures for promptly refunding advances paid.
7. The Government of Vietnam shall specify remuneration for persons directly participating in and protecting coercive judgment enforcement; procedures for collection, transfer, exemption from and reduction of expenses for coercive judgment enforcement.
Article 74. Determination, division and settlement of common assets for judgment enforcement [[61]]
1. In case of failure to determine the part of asset or land (land use right) owned by of the judgment debtor in the common asset used for judgment enforcement, the enforcer shall notify the judgment debtor and co-owners of asset or land (land use right) so that they reach an agreement on division of the common asset or request the Court to settle the case according to civil procedure.
30 days from the date of receipt of the notification, if the parties fail to reach an agreement or their agreement violates regulations of Article 6 of this Law or they cannot reach an agreement or do not request the Court to settle the case, the enforcer shall notify the judgment creditor of his/her right to request a Court to determine the part of asset or land (land use right) owned by of the judgment debtor in the common asset according to civil procedure.
15 days from the date of receipt of the notification, if the judgment creditor fails to request the court to settle the case, the enforcer shall request the Court to determine the part of asset or land (land use right) owned by of the judgment debtor in the common asset according to civil procedure.
The enforcer shall settle the asset according to the Court’s decision..
2. If the asset has multiple owners and the part of the asset separately owned by each owner can be determined:
a) Regarding the divisible common asset, the enforcer shall apply coercive measures to the part of asset owned by the judgment debtor;
b) Regarding the undividable common asset or in case the division considerably reduces the value of asset, the enforcer may apply coercive measures to the entire asset and pay other co-owners the value of asset under their ownership.
3. Co-owners have the preemptive right to buy the part of asset owned the judgment debtor in the common asset.
Before the initial sale of the asset under the common ownership, the enforcer shall notify and determine a time limit for co-owners to buy the part of asset owned by the judgment debtor at a determined price within 3 months for real estate, or 01 month for movables. Regarding the subsequent sales of asset, the time limit is 15 days from the date on which the valid notification is given.
Within 05 working days after the time limit for the preemptive right expires, if co-owners do not buy the asset, the asset may be sold under Article 101 of this Law.
Article 75. Settlement of disputes and response to requests for cancellation of documents or transactions related to assets used for judgment enforcement[[62]]
1. In case of coercive enforcement regarding assets of a judgment debtor over which a dispute arises between the judgment debtor and another person, the enforcer shall notify the involved parties and the person involved in the dispute of their rights to file a lawsuit at Court or request a competent agency to settle the dispute.
Within 30 days from the date on which the valid notification is given, if the involved parties and the person involved in the dispute file a lawsuit at Court or request the competent agency to settle the dispute, the assets shall be settled under the court decision or a decision issued by the competent agency.
Within 30 days after the valid notification is given, if the involved parties and the person involved in the dispute do not file a lawsuit at court or request the competent agency to settle the dispute, the assets shall be settled by the enforcer for judgment enforcement under this Law.
2. If there is a ground to identify that a transaction related to assets for judgment enforcement is conducted in order to shirk the judgment execution obligation, the enforcer shall notify the judgment creditor to request the Court to declare such transaction invalid or the competent agency to cancel documents related to such transaction.
15 days from the date of receipt of the notification, if the judgment creditor does not make the request, the enforcer shall request the Court to declare the transaction invalid or the competent agency to cancel documents related to the transaction.
3. In case the enforcer requests the Court to settle matters specified in clause 1, Article 74 of this Law and clauses 1 and 2 of this Article for judgment enforcement, he/she is not required to pay court charges and fees.
Section 3
COERCIVE ENFORCEMENT REGARDING ASSETS THAT ARE SUMS OF MONEY
Article 76. Deduction of money from accounts
1. Enforcers shall issue decisions on deduction of money from accounts of judgment debtors. The deducted amount shall not exceed the debt and the coercive enforcement expense.
2. After receiving a decision on deduction of money from account of the judgment debtor, the agency or organization currently managing the account shall make deduction for transfer into the account of the civil judgment-enforcing agency or to the judgment creditor under the deduction decision.
Article 77. Account freezing termination
1. The account freezing shall be terminated in the following cases:
a) The judgment debtor has fulfilled their judgment execution obligations;
b) The agency/organization has deducted the amount from the account of the judgment debtor as requested by the enforcer;
c) There is a decision to terminate the judgment enforcement under Article 50 of this Law.
2. The enforcer shall issue a decision to terminate the account freezing right after there is any ground specified in clause 1 of this Article.
Article 78. Deduction of incomes earned by judgment debtors
1. A judgment debtor’s income includes salary, remuneration, pension, compensation for loss of capacity for work and another legal income.
2. The judgment debtor’s income shall be deducted in the following cases:
a) Under agreement made by the involved parties;
b) Under a judgment or decision which requires such deduction;
c) Enforcement of a judgment on alimony, periodical judgment enforcement, or in a case where the debt to be collected for judgment enforcement is small or other assets of the judgment debtor are insufficient for judgment enforcement.
3. Enforcers shall issue decisions on deduction of incomes of judgment debtors. The maximum deduction from salary, remuneration, pension, compensation for loss of capacity for work shall be 30% of the monthly income, unless otherwise agreed by the parties. For another income, the subtraction shall be based on the actually earned income of the judgment debtor and the minimum living standard of the judgment debtor and their dependants under law shall be ensured.
4. The agency, organization, employer, social insurance agency where the judgment debtor receives their salary, remuneration, pension, allowance and other lawful income shall comply with regulations in clauses 2 and 3 of this Article.
Article 79. Collection of revenues from business activities conducted by judgment debtors
1. In case a judgment debtor has income from their business activities, the enforcer shall issue a decision on collection of revenues from their business activities for judgment enforcement.
Upon collection of revenues, the enforcer shall deduct a minimum amount necessary for business activities and daily life of the judgment debtor and their family.
2. The enforcer shall issue a money receipt to the judgment debtor.
Article 80. Collection of sums of money currently held by judgment debtors
When detecting that a judgment debtor is holding an amount and there is a ground to believe that the amount belongs to the judgment debtor, the enforcer shall issue a decision on collection of money for judgment enforcement. The enforcer shall make a written record of money collection and issue a receipt to the judgment debtor. In case the judgment debtor refuses to sign the written record, the signatures of witnesses are required.
Article 81. Collection of sums of money of judgment debtors currently held by third parties
When detecting that a third party is holding an amount of a judgment debtor, the enforcer shall issue a decision on collection of the amount for judgment enforcement. The third party currently holding the amount of the judgment debtor is obliged to hand over the amount to the enforcer for judgment enforcement. The enforcer shall make a written record of money collection, issue a receipt to the third party and notify the judgment debtor. In case the third party refuses to sign the written record, the signatures of witnesses are required.
Section 4
COERCIVE ENFORCEMENT REGARDING ASSETS BEING VALUABLE DOCUMENTS
Article 82. Seizure of valuable documents
1. When detecting that a judgment debtor is holding valuable documents or an agency/organization/individual is holding valuable documents of the judgment debtor, the enforcer shall issue a decision on seizure of these documents for judgment enforcement.
2. The judgment debtor holding valuable documents or the agency/organization/individual is holding valuable documents of the judgment debtor shall hand over these documents to the civil judgment-enforcing agency under law.
In case the judgment debtor or the agency/organization/individual that is holding valuable documents fails to hand over these documents to the civil judgment-enforcing agency, the enforcer shall request a competent agency or organization to transfer the value of these documents for judgment enforcement.
Article 83. Sale of valuable documents
The sale of valuable documents shall comply with law.
Section 5
COERCIVE ENFORCEMENT OF ASSETS BEING INTELLECTUAL PROPERTY RIGHTS
Article 84. Distraint and use of intellectual property rights
1. Each enforcer shall issue a decision on distraint of intellectual property rights under the ownership of a judgment debtor.
In case the judgment debtor that is the holder of intellectual property rights transfer these rights to another agency/organization/individual, these intellectual property rights shall still be distrained.
2. Upon distraint of intellectual property rights of the judgment debtor, depending on each subject matter of these intellectual property rights, the enforcer shall seize documents related to the judgment debtor's intellectual property rights.
3. In order to achieve national defense or security objectives or serve everyday life and state and social interests specified in the Intellectual Property Law, the State may decide that the holder of the intellectual property rights shall transfer the intellectual property rights to another agency, organization or individual for a certain period. In this case, the enforcer is not allowed to distrain the judgment debtor’s intellectual property rights during the period of compulsory transfer.
4. The enforcer shall decide to transfer intellectual property rights to another agency, organization or individual for use. The agency, organization or individual assigned to use intellectual property rights shall transfer the amounts obtained after deducting necessary costs to the criminal judgment-enforcing agency to guarantee the judgment enforcement.
Where necessary, the enforcer shall request the specialized or professional intellectual property organization to collect and manage profits earned from the use of the judgment debtor's intellectual property rights.
5. If the judgment debtor has transferred the intellectual property rights to another agency, organization or individual but has not been paid or fully paid for the transfer, the enforcer shall issue a decision to compel such agency, organization or individual to make the payment to guarantee the judgment enforcement.
Article 85. Valuation of intellectual property rights
1. Intellectual property rights shall be valuated under Articles 98 and 99 of this Law and laws on intellectual property rights.
2. The Government shall specify procedures, methods for and power over valuation of intellectual property rights.
Article 86. Auction of intellectual property rights
1. Intellectual property rights shall be auctioned under the law on asset auction and the law on intellectual property rights.
2. The Government shall specify procedures for and power over auction of intellectual property rights.
Section 6
COERCIVE ENFORCEMENT REGARDING ASSETS BEING OBJECTS
Article 87. Assets that must not be distrained
1. Assets prohibited from circulation in accordance with regulations of law; assets serving national defense, security and public purposes; assets provided by the state budget for organizations and individuals.
2. Assets owned by a judgment debtor that is an individual:
a) Food meeting the essential needs of the judgment debtor and his/her family during the period on which he/she has no new income or does not produce new yield;
b) Medicines for disease prevention and treatment for the judgment debtor and his/her family;
c) Necessary tools of disabled people and tools used to take care of sick people;
d) Ordinary offerings suitable for local customs;
dd) Essential working tools having small value and used as major or sole means of living of the judgment debtor and his/her family;
e) Utensils necessary for the daily life of for the judgment debtor and his/her family;
3. Assets owned by a judgment debtor that is an enterprise, cooperative or production, business or service establishment:
a) Medicines for disease prevention and treatment for employees; food, foodstuff, tools and other assets used to serve meals for employees;
b) Nursery, school, medical facility and other equipment, means and assets owned by the establishment and used for non-commercial purposes;
c) Devices, equipment, means and tools for labor safety protection, fire and explosion and environmental pollution prevention and control.
Article 88. Distraint
1. At least 03 working days before distraining assets that are real estate, an enforcer shall notify a representative of a local government of commune or a civil cluster of an area where a judgment is coercively enforced, involved parties and a person having related interests and obligations of the time and place of distraint and assets to be distrained, unless it is necessary to prevent involved parties from dispersing or destroying assets or shirking the judgment enforcement.
In case the involved parties are absent, they may authorize other persons to exercise their rights and perform their obligations. In case the involved parties or their authorized persons are absent after they are duly notified, the enforcer shall still distrain assets, invite witnesses and clearly state such in a written record of distraint. In case it is impossible to invite witnesses, the enforcer shall still distrain assets and clearly state such in the written record of distraint.
Upon distraint of objects, houses and architectural works, if the judgment debtor or a person currently managing or using these assets is absent and it is necessary to unpack or unlock these assets, the enforcer shall comply with Article 93 of this Law.
2. The asset distraint shall be recorded in writing. A written record of distraint shall clearly state the time and date of distraint, full names of the enforcer, involved parties or their authorized persons, the record maker, witnesses and the person related to the distrained assets, and distraint proceedings; and describe the state of each asset, requests made by the involved parties and opinions given by such witnesses.
The written record of distraint shall be signed by the involved parties or their authorized persons, witnesses, the representative of the local government of commune or the civil cluster of area where the coercive enforcement is organized, the enforcer and the record maker.
Article 89. Distraint of assets being land use rights or assets that must be granted registration of ownership or registration of secured transactions
1. Before distraining assets being land use rights or assets that must be granted registration of ownership or registration of secured transactions under law, the enforcer shall request a registration office to supply information on the registered assets or transactions.
2. After the distraint, the enforcer shall notify in writing the registration office of the asset distraint for settlement under clause 1, Article 178 of this Law.
Article 90. Distraint and handling of assets being pledged as collateral
1. In case the judgment debtor has no more assets or has assets but they are insufficient for judgment enforcement, the enforcer is entitled to distrain and handle the assets that are pledged as collateral and owned by the judgment debtor if the value of these assets is larger than the secured debt and expenses for the coercive judgment enforcement.
2. When distraining assets being pledged as collateral, the enforcer shall promptly notify the pledgee or mortgagee. When handling the distrained assets, the pledgee or mortgagee will be prioritized for payment under clause 3, Article 47 of this Law.
Article 91. Distraint of assets owned judgment debtors and currently held by third parties
When detecting that a third party is currently holding a judgment debtor’s assets, including those identified under other a judgment or decision, an enforcer shall issue a decision on distraint of these assets for judgment enforcement. In case the third party fails to voluntarily hand over these assets, the enforcer shall compel the handover thereof for the judgment enforcement.
In case the distrained assets are being leased, the lessee may continue the lease under the signed contract.
Article 92. Distraint of contributed capital
1. The enforcer shall request an individual/agency/organization to whom/which a judgment debtor has contributed capital to supply information on the judgment debtor’s capital contributed for distraint. When necessary, the enforcer may request a competent agency to determine the judgment debtor's capital contributed; or invite a professional organization or individual to determine the value of contributed capital of the judgment debtor for coercive judgment enforcement.
2. The involved parties may request a Court to determine the contributed capital of the judgment debtor.
Article 93. Distraint of locked or packed objects
When distraining locked or packed objects, the enforcer shall request the judgment debtor or a person currently using and managing these objects to unlock or unpack them; if they fail to do so or are intentionally absent, the enforcer shall directly unlock or unpack or hire another individual or organization to unlock or unpack the objects in the presence of witnesses. The judgment debtor shall be responsible for any damage caused by the unlocking or unpacking.
When necessary, the enforcer shall seal up objects after they are unlocked or unpacked and assign them to others for preservation under Article 58 of this Law.
A written record of unlocking, unpacking or sealing up objects shall be made and signed by involved persons and witnesses.
Article 94. Distraint of property attached to land
When distraining property being construction works attached to land, the enforcer shall also distraint land use rights, unless the land use rights must not be distrained under law or the separation of the distrained property from land does not considerably reduce the property value.
Article 95. Distraint of houses
1. A house being the sole residence of a judgment debtor and his/her family may be only distrained after it is determined that the judgment debtor has no other assets or has assets but they are insufficient for judgment enforcement, unless the judgment debtor agrees to have his/her house distrained for judgment enforcement.
2. Upon distraint of a house, the enforcer shall also distrain land use rights attached to the house. Regarding a house built on another person's land (who has LUR of this land, the enforcer may distrain the house and land use rights for the judgment enforcement only when the holder of land use rights gives consent. If the holder of land use rights disagrees on the distraint, only the house of the judgment debtor may be distrained, provided that the separation of the house from land does not considerably reduce the value of the house.
3. Upon distraint of a judgment debtor's house which is being leased or offered for free-of-charge stay of other persons, the enforcer shall promptly notify the current lessee or such persons of the distraint.
In case the distrained asset being a leased house or store is auctioned and the time limit for lease or stay has not expired, the lessee may continue to lease or stay in the house under the Civil Code.
4. The distraint of locked houses shall comply with Article 93 of this Law.
Article 96. Distraint of vehicles
1. Upon distraint of a vehicle of a judgment debtor, the enforcer shall request the judgment debtor or a person currently managing and using the vehicle to present their registration certificate, if any.
2. Regarding a vehicle that is being used, after the distraint thereof the enforcer may seize or hand over the vehicle to the judgment debtor or the person currently managing and using the vehicle for further use, operation and preservation without transfer, pledge or mortgage.
In case the vehicle is handed over to the judgment debtor or the person currently managing and using the vehicle for further use and operation, the enforcer shall issue a written record of seizure of their registration certificate for permission for the vehicle to join traffic to the judgment debtor or the person.
3. The enforcer may request a competent agency to prohibit the transfer, pledge, mortgage or lease of, or restrict traffic by vehicles distrained.
4. The distraint of aircraft and seagoing ships for judgment enforcement shall comply with the law on arrest of aircraft and seagoing ships.
Article 97. Distraint of yields
In case a judgment debtor has assets which bring yields, the enforcer shall distraint these yields to ensure the judgment enforcement. Regarding yields being food and foodstuff, upon the distraint thereof, the judgment debtor and his/her family shall be allowed to retain part of them for subsistence according to regulations in point a, clause 2, Article 87 of this Law.
Article 98. Valuation of distrained assets
1. Upon distraint of an asset, if the involved parties can reach an agreement on price of the asset or a valuation organization, the enforcer shall make a written record of this agreement. The asset’s price agreed by the involved parties shall serve as reserve price for auction. In case the involved parties reach an agreement on a valuation organization, the enforcer shall sign a service contract with such organization.
2. Within 05 working days from the date of asset distraint, the enforcer shall sign the service contract with the valuation organization in a province or central-affiliated city where the distrained asset exists in the following cases:
a) The involved parties cannot reach agreement on the asset’s price and selection of the valuation organization;
b) The valuation organization selected by the involved parties refuses to sign the service contract;
c) A part of judgment or decision specified in clause 1, Article 36 of this Law is enforced.
3. The enforcer shall valuate the asset in the following cases:
a) It is impossible to sign the service contract under clause 2 of this Article;
b) The distrained asset is a raw or perishable or has small value and the involved parties cannot reach agreement on its price. The Government of Vietnam shall elaborate assets having small value.
Article 99. Revaluation of distrained assets
1. A distrained asset shall be revaluated in the following cases:
a) The enforcer seriously violates the regulations of Article 98 of this Law, resulting in inaccurate valuation;
b)[[63]] The involved parties make a request for revaluation before the public notification of asset auction A request for revaluation shall be responded only once and accepted only if the involved parties make it within 5 working days from the date of receipt of the notification of revaluation results and immediately pay revaluation advances.
2. Distrained assets shall be revaluated under clauses 2 and 3, Article 98 of this Law.
3.[[64]] Re-appraised prices shall serve as reserve prices for auction according to regulations.
Article 100. Handover of assets for judgment enforcement
1. In case the involved parties reach an agreement to let the judgment creditor receive the asset distrained and deduct its value from the debt, the enforcer shall make a written record of such agreement.
In case there are multiple judgment creditors, the asset recipient shall obtain the consent from other judgment creditors and pay them an amount equivalent to the value to which they are entitled.
2. The handover of the asset for deduction of its value from the debt shall be conducted within 5 working days after the agreement thereon is reached.
Article 101. Sale of distrained assets
1. Distrained assets shall be sold by the following forms:
a) Auction;
b) Non-auction sale;
2. Distrained assets being movables valued at more than 10.000.000 VND and real estate shall be auctioned by auctioneering organizations.
The involved parties may reach agreement on an auctioneering organization within 05 working days from the date of valuation. The enforcer shall sign an asset auction service contract with the auctioneering organization selected by the involved parties. In case the involved parties cannot reach agreement on an auctioneering organization, the enforcer shall select an auctioneering organization to sign the asset auction service contract.
The asset auction service contract shall be signed within 10 days after the date of asset valuation.
An auction shall be conducted within 30 days, for movables, and 45 days, for real estate, from the date of signature of contract.
3. The enforcer may auction a distrained asset in the following cases:
a) Within a province or central-affiliated city where the asset exists but no auctioneering organization is available or the auctioneering organization refuses to sign the asset auction service contract;
b) In case where a movable is valued at between 2.000.000 VND to 10.000.000 VND.
The auction shall be conducted within 30 days, for movables, and 45 days, for real estate, after the date of asset valuation or receipt of the written refusal from the auctioneering organization.
4. The enforcer may sell an asset valued at under 2.000.000 VND or a raw or perishable asset without following auction procedures.
Assets shall be sold within 5 working days from the date of distraint.
5. 01 working day before an auction is held, the judgment debtor may receive back the asset if they have fully paid judgment enforcement expenses and other actual and reasonable expenses for coercive judgment enforcement and organization of the auction.
The judgment debtor shall refund actual and reasonable expenses to the parties applying for the purchase of the asset Expenses shall be agreed by the involved parties. If no agreement can be reached, the involved parties shall request a Court to rule on expenses.
6. Auction procedures shall comply with the law on asset auction.
Article 102. Cancellation of asset auction results[[65]]
1. Cancellation of asset auction results shall comply with regulations on asset auction. In case asset auction results are cancelled, the handling of assets used for judgment enforcement shall comply with this Law.
2. If there is a ground to prove that a violation is committed in the course of auction, an asset purchaser, through auction or the enforcer may file a lawsuit to request the court to settle any dispute over the asset auction results.
3. The remediation of consequences and payment of compensations for damage caused by the cancellation of asset auction results shall comply with law.
Article 103. Protection of rights of purchasers of assets through auction or recipients of assets for judgment enforcement[[66]]
1. An asset purchaser, through auction, or a recipient of asset for judgment enforcement has their ownership and right to use the asset protected.
2. If the purchaser of asset through auction has fully paid for the purchased asset but a judgment or decision is protested against, amended or cancelled, the civil judgment-enforcing agency shall continue the asset handover, including coercive judgment enforcement for transfer of the asset to the purchaser, except for the case where asset auction results are cancelled in accordance with law or the involved parties reach another agreement.
3. Coercive handover of assets to purchasers of auctioned assets and recipients of assets for judgment enforcement shall comply with Articles 114, 115, 116 and 117 of this Law.
Article 104. Handling of assets in case of auction where no bid is submitted or unsuccessful auction [[67]]
1. Within 05 working days from the date of receipt of notification from an auctioneering organization of a case an asset is put up for initial auction where no bid is submitted or auction is unsuccessful, the enforcer shall notify and request the involved parties to reach agreement on reduction of the asset price.
Within 10 days from the date of receipt of the notification, if the involved parties fail to or cannot reach agreement on reduction of the asset price, the enforcer shall decide the reduction to continue auction.
2. From the second price reduction, if no bid is submitted for the asset or the auction is unsuccessful, the judgment creditor may receive the asset as a deduction from the money for judgment enforcement.
In case the judgment creditor agrees to receive the asset as a deduction from the money for judgment enforcement, within 10 days from the date of receipt of notification of auction where no bid is submitted or unsuccessful auction, the enforcer shall notify the judgment debtor.
Within 30 days from the date on which the judgment debtor receives notification of the case where the judgment creditor grants consent to receive the asset for judgment enforcement, if the judgment debtor fails to fully pay their debt and judgment enforcement expenses to receive back the asset put up for auction, the enforcer shall hand over the asset to the judgment creditor. Regarding an asset being real estate or movables that must be granted registration of ownership or right for use, the enforcer shall issue a decision to hand over such asset to the judgment creditor to follow procedures for registration and issuance of an asset ownership and use right certificate. If the judgment debtor and the person currently managing or using the asset fail to voluntarily hand over the asset to the judgment creditor, they will be forced to hand over the asset.
3. In case the judgment creditor does not agree to receive the asset for judgment enforcement, the enforcer shall issue a decision on reduction of the asset price for further auction. If the reduced value of asset is equal to or lower than the coercive enforcement expense, but the judgment creditor still refuses to receive the asset as a deduction from the money for judgment enforcement, the asset shall be returned to the debtor for management and use. The judgment debtor may not put the asset into any civil transaction until they complete their judgment execution obligation.
4. Regarding an asset put up for auction for a debt payable to state budget, within 10 days after receipt of the notification of auction where no bid is submitted or unsuccessful auction, the enforcer shall decide reduction of the asset price for further auction.
5. Each price reduction provided in clauses 1, 3 and 4 of this Article does not exceed 10% of the reserve price of the preceding auction.
Article 105. Release of distrained assets
1. Distrained assets shall be released in the following cases:
a) The involved parties reach an agreement on release of distrained assets without affecting the legitimate rights and interests of a third party;
b) The involved parties have fulfilled their judgment execution obligations and fully paid judgment enforcement expenses under this Law;
c) There is a competent person’s decision to quash the asset distraint decision;
d) There is a judgment enforcement termination decision under Article 50 of this Law.
2. The enforcer shall issue a decision on release and return of distrained assets to the judgment debtor within 5 working days from the date on which there is a ground specified in clause 1 of this Article.
Article 106. Registration of transfer of ownership or right to use asset
1. The purchaser of asset involved in judgment enforcement and the recipient of asset as a deduction from the money for judgment enforcement have their ownership of or right to use such asset recognized and protected by law.
2. A competent state agency shall follow procedures for registering transfer of the ownership of or right to use the asset for the purchaser or recipient of the asset as a deduction from the money for judgment enforcement. A civil judgment-enforcing agency shall supply all documents specified in clause 3 of this Article to the purchaser and the recipient.
3.[[68]] A dossier on registration of transfer of the ownership of or the right to use asset includes:
a) A written request made by the civil judgment-enforcing agency;
b) A copy of the judgment or decision;
c) Judgment enforcement decision;
d) An asset distraint decision, if any;
dd) A written record of successful auction or asset handover decision and receipt for judgment enforcement;
e) Other asset-related documents.
4.[[69]] Regarding asset being the right to use land or property attached to land that is eligible for but has not been granted the first certificate, the judgment-enforcing agency shall request a competent authority to issue the first certificate of title to the purchaser or the recipient of the asset/property serving enforcement of the judgment according to regulations of law.
Regarding asset being the right to use land or property attached to land granted a certificate, the judgment-enforcing agency shall request a competent authority to revoke or cancel the issued certificate and issue a certificate of title to the purchaser or the recipient of the asset/property serving enforcement of the judgment if it cannot revoke the issued certificate.
5.[[70]] For an asset other than that mentioned in clause 4 of this Article and without a registration certificate or with its certificate irrecoverable, a registration agency shall be responsible for granting an asset ownership and use registration certificate.
6.[[71]] Newly granted certificates will replace irrecoverable certificates. Irrecoverable certificates are no longer valid.
Section 7
COERCIVE UTILIZATION OF ASSETS
Article 107. Coercive utilization of assets for judgment enforcement
1. The enforcer may conduct coercive utilization of assets owned by a judgment debtor in the following cases:
a) The value of assets is much larger than the debt and these assets can be utilized for judgment enforcement;
b) The judgment creditor agrees with coercive utilization of assets for judgment enforcement, provided the utilization of assets does not affect the legitimate rights and interests of a third party.
2. The enforcer shall issue a decision on coercive utilization of assets. Such decision shall clearly state forms of utilization; the amount, and time limit, time, place and method of payment to the civil judgment-enforcing agency for judgment enforcement.
The decision on coercive utilization of assets shall be promptly sent to an agency having power to manage or register these assets and the People’s Committee of commune where these assets exist.
Transactions over and transfer of ownership of utilized assets shall obtain approval from enforcers.
Article 108. Forms of coercive utilization of assets for judgment enforcement
Assets owned by a judgment debtor may be coercively utilized for judgment enforcement by the following forms:
1. Assets that are being utilized directly by the judgment debtor or utilized by other parties with the judgment debtor’s permission may be further utilized by a current user.
Regarding assets, including land use rights that have not yet been utilized, the enforcer shall request the judgment debtor to sign an asset utilization contract with an organization/individual wishing to utilize these assets.
2. The persons utilizing assets specified in clause 1 of this Article shall transfer proceeds from the asset utilization to the civil judgment-enforcing agency after deducting necessary expenses.
3. Within 30 days after being requested, if the judgment debtor fails to sign the asset utilization contract with other parties, the enforcer shall distraint and handle the assets for judgment enforcement.
Article 109. Termination of coercive utilization of assets
1. The enforcer shall issue a decision on termination of coercive utilization of assets in the following cases:
a) The utilization of assets is ineffective or obstructs the judgment enforcement;
b) The judgment debtor and the person utilizing asset fail to properly follow the enforcer’s request for asset utilization;
c) The judgment debtor has fully paid their debt and judgment enforcement expenses;
d) There is a judgment enforcement termination decision.
2. In case the coercive utilization of assets is terminated under points a and b, clause 1 of this Article, the enforcer shall continue to distrain and handle these assets for judgment enforcement.
In case the coercive utilization of assets is terminated under points c and d, clause 1 of this Article, the enforcer shall, within 5 working days from the date of issuance of the decision, issue a decision on release and return of these assets to the judgment debtor.
Section 8
COERCIVE ENFORCEMENT REGARDING ASSETS BEING LAND USE RIGHTS
Article 110. Land use rights which can be distrained or auctioned for judgment enforcement
1. The enforcer may only distrain land use rights of a judgment debtor in case the transfer of land use rights is allowed under the land law.
2. If the judgment debtor is eligible for a certificate of land use rights but has not yet been issued with such certificate according to the land law or land expropriation is required to serve the planning but a land expropriation decision has not yet been issued, their land use rights shall be distrained and handled.
Article 111. Distraint of land use rights
1. Upon distraint of land use rights, the enforcer shall request a judgment debtor or a person managing documents on land use rights to submit these documents to the civil judgment-enforcing agency.
2. Upon distraint of rights to use land and property attached to it under the ownership of the judgment debtor, the enforcer shall distrain the rights to use both land and property.
If there is attached property owned by another person to the judgment debtor's land, the enforcer shall only distrain land use rights and notify the distraint to the property owner.
3. A written record of the distraint of land use rights shall be made. The written record shall clearly indicate locations, area and boundaries of distrained land plots, and be signed by participants in distraint.
Article 112. Temporary assignment of distrained land area for management and use
1. In case the distrained land area is currently managed or used by a judgment debtor, the enforcer shall temporarily assign the land area to such debtor.
In case the distrained land area is currently managed, utilized or used by another organization or individual, the land area shall be temporarily assigned to such organization or individual.
2. In case the judgment debtor or the organization or individual defined in clause 1 of this Article refuses to receive the distrained land area, the enforcer may temporarily assign the land area to another organization or individual for management or use. In case no organization or individual receives the distrained land area, the civil judgment-enforcing agency shall promptly valuate and auction the land area under law.
3. A written record of temporary assignment of distrained land for management or use shall be made. The written record shall clearly indicate:
a) The area, category and location of land, land plot number and map number;
b) Current use of land;
c) Duration of temporary assignment of land for management or use;
d) Specific rights and obligations of a person who is temporarily assigned land for management or use.
4. During temporary assignment of distrained land for management or use, the temporary assignees may repurpose land, transfer, lease, sub-lease, donate, bequeath, mortgage or contribute land use rights; may neither alter the current use of land nor use land for improper purposes.
Article 113. Handling of property attached to distrained land
1. In case property attached to distrained land is owned by another person, the property shall be handled as follows:
a) Regarding the property formed before the judgment debtor receives a judgment enforcement decision, the enforcer shall request the property owner to voluntarily move their property and return land use rights to the judgment debtor. In case the property owner fails to voluntarily move their property, the enforcer shall provide guidance for the property owner and the judgment debtor to reach a written agreement on method of handling property. Within 15 days after the guidance is provided, if these parties still fail to reach agreement, the enforcer shall handle the property together with land use rights in order to protect legitimate rights and interests of the judgment debtor and the property owner.
In case the property owner is a land lessee or a recipient of land use rights contributed as capital by the judgment debtor without establishment of a new juridical person, the property owner may continue signing a land lease contract or a contract for contribution of land use rights as capital with an auction winner or the recipient of land use rights in the remaining term of contract they have signed with the judgment debtor. In this case, before handling land use rights, the enforcer shall notify the bidder and the person proposed to receive land use rights of the right of the property owner to continue to sign the contract;
b) Regarding the property formed after the judgment debtor receives the judgment enforcement decision, the enforcer shall request the property owner to voluntarily move their property to return land use rights to the judgment debtor. If 15 days after being requested, the property owner still fails to move their property or their property is immovable, the enforcer shall handle the property together with land use rights.
Regarding the property formed after distraint, if the property owner fails to move their property or their property is immovable, the property shall be dismantled. The enforcer shall organize the dismantlement, unless the land use right recipient or the land use right auction winner agrees to purchase the property;
c) The owner of property attached to land under the ownership of the judgment debtor may be refunded proceeds from the sale of the property or receive back the property in case the property has been dismantled but shall bear distraint, valuation, auction and dismantlement expenses.
2. In case the property owned by the judgment debtor is associated with the distrained land use rights, the enforcer shall handle the property together with land use rights.
3. Regarding assets that are short-term crops and livestock not ready for harvest or assets in a closed production process uncompleted, after the distraint, the enforce may only handle such assets when they are ready for harvest or the closed production process is complete.
Section 9
COERCIVE RETURN OF OBJECTS AND DOCUMENTS AND COERCIVE TRANSFER OF LAND USE RIGHTS
Article 114. Procedures for coercive return of objects
1. Specific objects shall be coercively returned as follows:
a) The enforcer shall request a judgment debtor or a person currently managing and using these objects to return them to a judgment creditor. If they fail to do so, the enforcer shall seize and return these objects to the judgment creditor;
b) In case the value of objects has decreased and the judgment creditor refuses to receive them back, the enforcer shall provide guidance for the involved parties to reach an agreement on judgment enforcement. The judgment shall be enforced according to the agreement.
In case the involved parties cannot reach agreement, these objects shall be coercively returned to the judgment creditor. The involved parties may file a lawsuit to request a court to settle the damage caused by the decreased value of returned objects;
c)[[72]] In case such objects no longer exist or are irreparably damaged and the involved parties otherwise agree on judgment enforcement, the enforcer shall conduct judgment enforcement according to the agreement.
In case the involved parties cannot reach agreement, they may file a lawsuit to request the court to settle the damage caused by the non-existence or irreparable damage of returnable objects.
2. Regarding fungible objects, these objects shall be coercively returned under a judgment or decision.
In case returnable objects no longer exist or are damaged or devalued, the enforcer shall request the judgment debtor to return fungible objects or pay the value of fungible objects, unless otherwise agreed by the involved parties.
3. In case the judgment debtor or the person currently managing and using these objects is likely to disperse or destroy these objects, the enforcer may promptly apply measures to secure judgment enforcement specified in Article 68 of this Law.
Article 115. Coercive return or handover of houses
1. In case the judgment debtor is obliged to return their house, the enforcer shall compel the judgment debtor and other persons present in the house to get out, and at the same time request them to move their assets out of the house; if these persons fail to voluntarily obey the enforcer’s order, the enforcer shall request coercion forces to move them and their assets out of the house.
In case the owner refuses to receive their assets, the enforcer shall make a written record clearly stating the quantity, category and state of each kind of asset, and assign assets to another organization or individual capable of preservation, or preserve these assets in a warehouse of the civil judgment-enforcing agency and notify the place and time to their owner for receipt back.
2. In case the judgment debtor is intentionally absent though they have been notified of the coercion decision, the enforcer shall conduct the coercion under clause 1 of this Article.
3. Upon the expiration of a time limit of 3 months from the date of notification specified in clause 1 of this Article, if the owner of assets preserved does not receive them, these assets shall be handled under clause 2, Article 126 of this Law, unless the owner has plausible reasons.
4. Construction works or architectural objects under a judgment or decision shall be coercively returned under clauses 1, 2 and 3 of this Article.
5. In case of coercive handover of a house being the sole residence of a judgment debtor to a person who has purchased it through auction, if finding that the judgment debtor, after fully paying their debt, becomes unable to rent or to build a new house, the enforcer shall, before following procedures for paying the debt to the judgment creditor, retain an amount deducted from the house sale proceeds for the judgment debtor to rent a house for one year according to at the local average rent. The remaining judgment execution obligations shall be performed under this Law.
Article 116. Coercive handover and return of documents[[73]]
1. In case the judgment debtor refuses to hand over or return documents to the judgment creditor under a judgment or decision, the enforcer shall force the judgment debtor to do so.
In case a third party is holding returnable documents, the enforcer shall request the third party to hand over or return such documents. If the third party fails to voluntarily hand over or return documents, the enforcer shall force the third party to do so for judgment enforcement.
2. In case irrevocable documents are reissuable, the enforcer shall request a competent agency or organization to issue a decision on cancellation of these documents and issue new ones to the judgment creditor and the auction-winner of assets for judgment enforcement.
3. Regarding irrevocable certificates of land use rights and ownership of houses and other property on land and other documents on related assets clauses 4 and 5, Article 106 of this Law shall be applied.
4. In case irrevocable documents are not reissuable, the judgment enforcement shall be conducted under Article 44a of this Law.
Article 117. Coercive transfer of land use rights
1. In case a judgment or decision contains regulations on the obligation to transfer land use rights, the enforcer shall organize the transfer of land area to the judgment creditor.
Land shall be transferred with participation by a representative of a land agency of the same level and the People’s Committee of commune where the transferred land exists.
2. Property attached to the transferred land shall be handled as follows:
a) In case the property is formed after the judgment or decision takes legal effect, the enforcer shall request the property owner to dismantle the property or move it out of land area to be transferred to the judgment creditor. If the property owner fails to do so, the enforcer shall conduct the coercive dismantlement or movement of the property, unless otherwise agreed by involved parties. Expenses for coercion shall be borne by the property owner.
In case the owner of property attached to land refuses to receive their property, the enforcer shall make a written record, clearly stating the quantity, category and state of each kind of property, then assign the property to an organization or individual capable of preserving it, or preserve it in a warehouse of the civil judgment-enforcing agency and notify the place and time to its owner for receipt back.
Upon the expiration of the notified time limit, if the property owner does not receive their property, the property shall be handled under Article 126 of this Law;
b) In case the property attached to land is formed before a first-instance judgment or decision is made, but the enforced judgment or decision does not clearly indicate the handling of the property, the civil judgment-enforcing agency shall request the court that has made such judgment or decision to clearly explain the handling of the property or request a competent Court to review the judgment or decision according to cassation or re-opening procedures.
3. The coercive transfer of land use rights to an auction-winner or a recipient of land use rights as a deduction from the money for judgment enforcement shall comply with Clause 2 of this Article.
Section 10
COERCIVE FULFILLMENT OF OBLIGATIONS TO PERFORM ACTS OR NOT TO PERFORM CERTAIN TASKS
Article 118. Coercive fulfillment of the obligation to perform certain tasks
1. In case a judgment debtor is obliged to perform certain tasks under a judgment or decision but they fail to do so, the enforcer shall decide to impose a fine and set a time limit of 5 working days after the date of issuance of a fine decision to the judgment debtor to fulfill their obligation.
2. Upon the expiration of the set time limit, if the judgment debtor still fails to fulfill their obligation, the enforcer shall:
a) In case these tasks can be assigned to another person for fulfillment on behalf of the judgment debtor, assign such tasks to a person capable of performing tasks. Expenses for task performance shall be borne by the judgment debtor;
b) In case these tasks must be performed by the judgment debtor, request a competent agency to conduct criminal prosecution for failure to execute the judgment.
Article 119. Coercive fulfillment of the obligation not to perform certain tasks
The enforcer shall decide to impose a fine on the judgment debtor that fails to voluntarily terminate the performance of tasks which must not be performed under a judgment or decision. When necessary, the enforcer may request the judgment debtor to restore the original state. In case the judgment debtor still fails to terminate the performance of these tasks or to restore the original state, the enforcer shall request a competent agency to conduct criminal prosecution for failure to execute the judgment.
Article 120. Coercive relinquishment of custody of minors to legal guardians under judgments or decisions
1. The enforce shall issue a decision on coercive relinquishment of custody of a minor to a legal guardian under a judgment or decision. Before coercive relinquishment of custody of the minor to the legal guardian, the enforce shall cooperate with a local authority and a local socio-political organization in persuading the involved parties to voluntarily execute the judgment.
2. In case the judgment debtor or the current guardian of the minor refuses relinquishment of custody of the minor to the legal guardian, the enforcer shall issue a decision to impose a fine and set a time limit of 5 working days after the date of issuance of the decision for relinquishment of custody of the minor to the legal guardian. Upon the expiration of the set time limit, if the judgment debtor or the current guardian still fails to do so, the enforcer shall conduct the coercive relinquishment of custody of the minor or request a competent agency to conduct criminal prosecution for failure to execute the judgment.
Article 121. Coercive reinstatement of employees
1. In case an employer refuses to reinstate their employees under a judgment or decision, the enforcer shall issue a decision to impose a fine on the employer that is an individual or a head of employment agency or organization while setting a time limit of 10 days after the date of issuance of the decision for the employer to reemploy their employee. Upon the expiration of the set time limit, if the employer still fails to do so, the enforcer shall discipline the employer or criminally prosecute the employer for failure to execute the judgment.
2. If the same position cannot be given to the employee according to the judgment/decision, the employer shall give another position to the employee with the same salary under the labor law.
In case the employee does not accept the given position and requests their employer to pay benefits to which he/she is entitled under the labor law, the employer shall do so in order to terminate the judgment execution obligation.
3. The employer shall pay the employee salary during the period the position cannot be given to the employee under the judgment or decision, beginning from the date on which a written request for judgment enforcement is made to the date on which the employee is reinstated or receives benefits to which he/she is entitled under clause 2 of this Article.
Chapter V
JUDGMENT ENFORCEMENT IN SOME SPECIFIC CASES
Section 1
ENFORCEMENT OF CONFISCATION AND EXPROPRIATION; DESTRUCTION OF ASSETS; RETURN OF AMOUNTS OR ASSETS WHICH ARE DISTRAINED OR SEIZED UNDER CRIMINAL JUDGMENTS OR DECISIONS
Article 122. Transfer of material evidence or assets temporarily seized together with judgments or decisions
1. Material evidence and assets that are temporarily seized under a criminal judgment or decision to serve adjudication but have not yet been transferred to a civil judgment-enforcing agency during prosecution and adjudication according to regulations of the Criminal Procedure Code shall be transferred to the civil judgment-enforcing agency at the time the court hands over the judgment or decision.
2. Material evidence and assets that are temporarily seized shall be transferred and received at a warehouse of the civil judgment-enforcing agency. The transferor shall transport these material evidence and assets to the warehouse of the civil judgment-enforcing agency.
If material evidence and assets that are temporarily seized cannot be transported or moved to the warehouse of the civil judgment-enforcing agency for preservation, these material evidence and assets shall be transferred and received at a place where they are currently kept, stored or exist.
3. The head of civil judgment-enforcing agency or his/her authorized person, warehouse keeper and accountant shall participate in the receipt of assets.
Article 123. Procedures for receiving material evidence and assets temporarily seized
Material evidence and assets temporarily seized shall be received according to the following procedures:
1. The warehouse keeper shall directly receive and inspect the conditions of material evidence and assets temporarily seized and store them in the warehouse for judgment enforcement. The transfer and receipt of material evidence and assets temporarily seized shall be recorded in writing. Such written record shall clearly state the time and date of transfer and receipt; quantity, category and conditions of each kind of material evidence or asset, compared with those indicated in the initial seizure record of the police authority or Court. The civil judgment-enforcing agency shall only receive assets when it is ensured that the quality and conditions of the received assets are consistent with those written in the initial seizure record. In case temporarily seized material evidence and assets have been altered, heads of asset-transferring and receiving agencies shall inspect them and make conclusions and the civil judgment-enforcing agency shall only receive them after the alterations are clarified by competent agencies.
The written record of transfer and receipt of material evidence and assets temporarily seized shall be signed by the representative of and stamped by the asset-transferring agency, if any.
2. In case material evidence and assets temporarily seized are transferred in the form of a sealed package, the civil judgment-enforcing agency shall only receive them when obtaining results of verification of the quantity, category and quality of each kind of material evidence or asset in the sealed package from a competent agency. Regarding temporarily seized material evidence and assets being narcotics, the civil judgment-enforcing agency shall only receive them in the form of a sealed package enclosed with verification results from the competent agency.
Upon transfer and receipt, a written record thereof shall be made. Such written record shall clearly state the conditions of the sealed material evidence and assets, and be signed by the transferor and the recipient. In case the seal is broken or shows abnormal signs, the civil judgment-enforcing agency shall only receive the sealed material evidence and assets only when obtaining verification results from the competent agency.
Article 124. Handling temporarily seized material evidence and assets which are pronounced to be confiscated and expropriated
1. Regarding temporarily seized material evidence and assets which are pronounced under a judgment or decision to be confiscated and expropriated, the civil judgment-enforcing agency shall, within 10 days after the date of issuance of the judgment enforcement decision, notify in writing and transfer these material evidence and assets to a finance agency at the same level. Assets confiscated and expropriated by a military zone-level judgment-enforcing agency shall be transferred to the finance agency of province where the military zone-level judgment-enforcing agency is headquartered.
Expenses for handling temporarily seized material evidence and assets pronounced to be confiscated and expropriated shall be paid by the finance agency receiving these material evidence and assets under law.
2. Upon transfer of temporarily seized material evidence and assets, the judgment enforcement decision, the judgment or decision or its valid copy made by the civil judgment-enforcing agency shall be presented.
3. The head of civil judgment-enforcing agency or his/her authorized person, warehouse keeper, accountant and representative of the finance agency shall participate in the transfer of temporarily seized material evidence and assets. The transfer and receipt of temporarily seized material evidence and assets shall be recorded in writing. Such written record shall specifically describe the current conditions of these material evidence and assets, and be signed by the representative of and stamped by the agency receiving such material evidence and assets, if any.
4. In case the decision on confiscation of temporarily seized material evidence and assets has been enforced but it is detected that the decision contains erroneous contents and it is cancelled under a decision issued by a competent agency, the civil judgment-enforcing agency shall cooperate with the finance agency at the same level or the finance agency of province where military zone-level judgment-enforcing agency is headquartered in following procedures for refunding the amounts already transferred to the state budget under law.
Article 125. Destruction of material evidence and assets
1. Within one month from the date of issuance of the judgment enforcement decision, the head of civil judgment-enforcing agency shall issue a decision to establish a council for destruction of material evidence and assets that must be destroyed under a judgment or decision, unless immediate destruction is required by law.
2. The council for destruction of material evidence and assets is composed of an enforcer that acts as its chairman, a representative of the finance agency at the same level that acts as a member and representatives of professional agencies, when necessary.
3. A procuracy at the same level shall inspect the observance of law on the destruction of material evidence and assets.
Article 126. Returning amounts and assets temporarily seized to involved parties
1. The head of civil judgment-enforcing agency shall issue a decision to return amounts and assets temporarily seized in case it is pronounced under a judgment or decision that assets must be returned to involved parties.
In case a party has their amounts and assets temporarily seized returned and is concurrently obliged to pay their debt but fails to voluntarily execute the judgment, the enforcer shall handle these amounts and assets for judgment enforcement.
2. After the decision to return amounts and assets temporarily seized is issued, the enforcer shall notify involved parties of the time and place for receipt back of such amounts and assets.
15 days from the date of notification, if the involved parties do not receive their amounts, the enforcer shall deposit these amounts in the form of demand deposits at a bank and notify the involved parties thereof.
03 months after the date of notification, if the involved parties do not receive their assets without plausible reasons, the enforcer shall handle such assets under Articles 98, 99 and 101 of this Law and deposit collected amounts in the form of demand deposits at the bank and notify the involved parties thereof.
5 years after the judgment or decision takes legal effect, if the involved parties do not receive their demand deposits without plausible reasons, the civil judgment-enforcing agency shall follow procedures for expropriation.
3. The head of civil judgment-enforcing agency shall issue a decision on destruction of unsold or irreparably damaged assets and organize the destruction under Article 125 of this Law.
Regarding documents related to assets or the personal status of the involved parties, one year after the date of notification, if the involved parties do not receive these documents, the enforcer shall follow procedures for transferring these documents to their issuer for handling according to regulations.
4. If the assets are Vietnamese of foreign banknotes that are damaged and unfit for circulation due to faults of the proceeding authority or the civil judgment-enforcing agency during preservation and the involved parties refuse to receive them, the civil judgment-enforcing agency shall request the State Bank of Vietnam to replace them before returning them to the involved parties.
If the assets are Vietnamese of foreign banknotes that are damaged and unfit for circulation due to faults of the proceeding authority or the civil judgment-enforcing agency and the involved parties refuse to receive them, the civil judgment-enforcing agency shall request the State Bank of Vietnam to handle them according to regulations of law.
5. The return of advanced court fees under a judgment or decision shall comply with Clauses 1, 2, 3 and 4 of this Article.
Article 127. Handling of assets pronounced under judgments or decisions to be distrained for security of judgment enforcement
Enforcers shall handle assets which are pronounced under judgments or decisions to be distrained for security of judgment enforcement in case judgment debtors fail to voluntarily execute judgments according to Articles 98, 99, 100 and 101 of this Law.
Article 128. Collection of Court fees, fines and other receivable amounts from judgment debtors that are serving imprisonment sentences
1. Superintendents of prisons and detention camps where judgment debtors are serving imprisonment sentences shall collect amounts and assets that must be paid/handed over by judgment debtors or their relatives for judgment enforcement and transfer them under law to civil judgment-enforcing agencies.
2. In case judgment debtors have been transferred to other prisons and detention camps, granted pardon or exempted from serving imprisonment sentences, or are dead, superintendents of prisons or detention camps where they serve imprisonment sentences shall notify in writing to civil judgment-enforcing agencies.
Article 129. Procedures for returning amounts and assets to judgment creditors that are serving imprisonment sentences
1. The enforcer shall give a notification of and decision on return of amounts and assets to a judgment creditor that is serving imprisonment sentence through a superintendent of their prison or detention camp.
In case the judgment creditor authorizes another person to receive their amounts and assets, a letter of authorization shall be certified by the superintendent of their prison or detention camp. The enforcer shall return these amounts and assets to the authorized person.
2. In case the judgment creditor makes a request and is allowed to receive amounts and assets at a place where they are serving imprisonment sentence under law, the enforcer shall send amounts and assets to the judgment creditor through the superintendent of their prison or detention camp. Expenses for sending these amounts and assets shall be covered by the judgment creditor. Upon handover of amounts and assets to the involved parties, the superintendent of prison or detention camp shall make a written record thereof and send it to the civil judgment-enforcing agency.
3. In case the judgment creditor that is serving imprisonment sentence refuses to receive back amounts and assets and their written refusal is certified by the superintendent of their prison or detention camp, the enforcer shall handle these amounts and assets for expropriation or destruction under this Law.
Section 2
ENFORCEMENT OF DECISIONS ON APPLICATION OF PROVISIONAL URGENT MEASURES
Article 130. Procedures for enforcement of decisions on application of provisional urgent measures
1. Within 24 hours after receiving judgment enforcement decisions, enforcers shall immediately apply the following security or coercive measures:
a) Applying coercive measures specified in Articles 118, 119, 120 and 121 of this Law to secure enforcement of decisions to ban the involved parties from performing or force them to perform certain acts; relinquishing custody of minors to individuals or organizations for care, nurture, and education; and suspending enforcement of decisions on dismissal of employees;
b) Applying coercive measures specified in clauses 1, 2, 3 and 5, Article 71 of this Law to secure enforcement of decisions to compel early performance of part of the alimony obligation or the obligation to pay compensations for loss of life or damage to health; forcing employers to pay salaries, remuneration, labor accident or occupational disease compensations and allowances to their employees in advance;
c) Applying coercive measures specified in Article 75 of this Law to secure implementation of provisional urgent measures of distraint of disputed assets.
d) Applying security measures specified in Articles 66, 67, 68 and 69 of this Law to secure enforcement of decisions to prohibit the transfer of asset-related rights to disputed assets, or change of the conditions of disputed assets; freezing accounts at banks or other credit institutions; freezing assets in places where they are stored or assets of obligors;
dd) Applying coercive measures specified in clause 3, Article 71 and Articles 98, 99, 100 and 101 of this Law to secure enforcement of decisions to permit the harvest and sale of cash crops or other commodities.
2. In case judgment debtors reside or have assets in other areas, heads of civil judgment-enforcing agencies shall, depending on a case-by-case basis, issue decisions to entrust civil judgment-enforcing agencies in areas where these persons reside or have assets to organize the enforcement of decisions on application of provisional urgent measures.
Article 131. Enforcement of decisions on change of provisional urgent measures or application of additional measures
1. When receiving Court decisions on change of provisional urgent measures or application of additional measures, heads of civil judgment-enforcing agencies shall promptly issue judgment enforcement decisions, and at the same time revoke judgment enforcement decisions regarding overturned decisions on application of provisional urgent measures.
2. In case overturned decisions on application of provisional urgent measures have been partially or completely enforced, heads of civil judgment-enforcing agencies shall notify Courts thereof and explain the rights to request Courts to handle cases to the involved parties.
Article 132. Termination of enforcement of decisions on application of provisional urgent measures
1. In case Courts quash decisions on application of provisional urgent measures, upon receiving new court decisions, heads of civil judgment-enforcing agencies shall issue decisions on termination of enforcement of decisions on application of provisional urgent measures.
Within 24 hours after receiving decisions on termination of enforcement of decisions on application of provisional urgent measures, enforcers shall follow procedures for releasing and returning distrained assets, releasing frozen assets or accounts of obligors.
2. In case decisions on application of provisional urgent measures are quashed by Courts but have been partially or completely enforced by civil judgment-enforcing agencies, the interests of involved parties shall be settled under clause 2, Article 131 of this Law.
Article 133. Expenses for enforcement of Court decisions on application of provisional urgent measures
1. Expenses for enforcement of court decisions on application of provisional urgent measures shall be advanced by the state budget under Article 73 of this Law.
Persons who have requested Courts to make wrong decisions on application of provisional urgent measures shall pay actual expenses for the enforcement of these decisions. Advances shall be deducted and security assets shall be handled to cover these expenses.
2. In case Courts apply provisional urgent measures at their own will, enforcement expenses shall be covered by the state budget.
Section 3
ENFORCEMENT OF CASSATION OR RE-OPENING DECISIONS
Article 134. Enforcement of cassation or re-opening decisions to affirm legally effective judgments or decisions
In case of a cassation or re-opening decision to affirm a legally effective judgment or decision which has not yet been enforced or has been partially enforced, the head of civil judgment-enforcing agency shall issue a decision to continue judgment enforcement. In case the judgment or decision has been completely enforced, the head of civil judgment-enforcing agency shall notify a Court which has issued the cassation or reopening decision, a procuracy at the same level and the involved parties.
Article 135. Enforcement of cassation decisions to affirm lawful judgments or decisions which have been issued by inferior Courts and quashed or modified
1. In case of a cassation decision to affirm a lawful judgment or decision which has been issued by an inferior court and quashed or modified, the enforcement shall be conducted according to the cassation decision and the lawful judgment or decision issued by the inferior Court and quashed or modified.
2. Regarding contents of the inferior Court’s judgment or decision which have not been quashed or modified and not yet been enforced, the head of civil judgment-enforcing agency shall issue a decision to continue judgment enforcement; if these contents have been completely enforced, the head of civil judgment-enforcing agency shall notify the court which has issued the cassation decision, a procuracy at the same level and the involved parties.
3. Regarding partially or completely enforced contents of the Court’s judgment or decision to quash or modify the inferior Court’s judgment or decision, the involved parties may reach an agreement on return of assets or restoration of the asset-related rights.
In case an asset for judgment enforcement is a movable that must be granted registration of ownership or real estate whose conditions are still maintained, the return of the asset to its owner shall be coerced.
In case the asset has been lawfully transferred to a third party for possession in good faith through an auction or sold to a person who has become, under a judgment or decision of a competent state agency, owner of the asset but then no longer owns the asset due to the fact that the judgment or decision is quashed or modified or the conditions of asset have been altered, the original owner of the asset may not receive back their asset but may have the asset value refunded.
In case of claim for damage, the agency that has issued the judgment or decision which has been quashed or modified shall settle such claim under law.
Article 136. Enforcement of cassation or re-opening decisions to quash legally effective judgments or decisions
1. In case of a cassation or re-opening decision to quash a legally effective judgment or decision for re-organization of first-instance or appellate adjudication, the judgment enforcement shall be conducted according to a new legally effective first-instance judgment or decision or new appellate judgment.
2. In case an asset has been partially or fully transferred or sold under the quashed judgment/decision, clause 3 Article 135 of this Law shall apply.
Section 4
ENFORCEMENT OF DECISIONS ON BANKRUPTCY
Article 137. Suspension, termination or resumption of judgment enforcement in case where judgment debtors are enterprises or cooperatives going bankrupt
1. After receiving a Court’s notification of acceptance of an application for opening bankruptcy procedures, the head of civil judgment-enforcing agency shall issue a decision on suspension of assets-related enforcement in case the judgment debtor is an enterprise or cooperative going bankrupt under clause 2, Article 49 of this Law.
After issuing the decision on suspension of judgment enforcement, the head of civil judgment-enforcing agency shall notify a court which is responding to the request for bankruptcy declaration of results of judgment enforcement for the enterprise or cooperative going bankrupt.
2.[[74]] The head of civil judgment-enforcing agency shall issue a decision on suspension of asset-related judgment enforcement in case the judgment debtor is an enterprise or cooperative going bankrupt after receiving a court’s decision to open bankruptcy procedures.
The continued fulfillment of the asset-related obligation by the enterprise or cooperative being judgment debtor in this case shall comply with the Bankruptcy Law. The head of civil judgment-enforcing agency shall direct the enforcer to hand over judgment enforcement documents related to the continued fulfillment of the asset-related obligation by the enterprise or cooperative going bankrupt to the Court.
3. Within 05 working days from the date of issuance of a decision on termination of bankruptcy or business resumption procedures, a Judge carrying out bankruptcy procedures shall send the decision enclosed with all dossiers related to judgment enforcement to the civil judgment-enforcing agency which has issued the decision on termination of assets-related judgment enforcement in case the judgment debtor is the enterprise or cooperative going bankrupt.
Within 05 working days after receipt of the decision on termination of bankruptcy or business resumption procedures, the head of civil judgment-enforcing agency shall issue a decision on revocation of the decision on termination of judgment enforcement and resume judgment enforcement for the to be-fulfilled part of the asset-related obligation which has been terminated for the enterprise or cooperative, and assign the enforcer to organize the enforcement under this Law.
Article 138. [[75]] (annulled)
Article 139. [[76]] (annulled)
Chapter VI
COMPLAINTS ABOUT AND DENUNCIATIONS OF AND PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT
Section 1
COMPLAINTS ABOUT AND RESOLUTION OF COMPLAINS ABOUT CIVIL JUDGMENT ENFORCEMENT
Article 140. Right to complain about judgment enforcement
1. Involved parties and persons having related rights and obligations have the rights to complain about decisions or acts of heads of civil judgment-enforcing agencies or enforcers if they have grounds to believe that these decisions or acts are illegal or have infringed upon their legitimate rights and interests.
2. The prescriptive period for lodging a complaint about a decision or act of the head of civil judgment-enforcing agency or enforcer is regulated as follows:
a) Regarding a judgment enforcement decision issued or act committed before the application of security or coercive measure, the prescriptive period is 15 days from the date of receipt the decision or detection of the act;
b) Regarding a decision on application of measure for freezing an account, the prescriptive period is 03 working days from the date of receipt of the decision;
Regarding a decision on or act of application of another security measure, the prescriptive period is 10 days from the date of receipt the decision or detection of the act;
c) Regarding a decision on or act of application of a coercive measure, the prescriptive period is 30 days from the date of receipt the decision or detection of the act;
d) Regarding a decision issued or act committed after the application of a coercive measure, the prescriptive period is 30 days from the date of receipt the decision or detection of the act;
In case due to objective obstacles or force majeure circumstances, a complainant cannot exercise the right to lodge a complaint within the set time limit, the period when these objective obstacles or force majeure circumstances are available will not be included into the time limit for lodging the complaint.
For a subsequent complaint, the prescriptive period is 15 days from the date on which a competent person’s complaint resolution decision is received.
Article 141. Cases in which complaints are not accepted for resolution
1. Complained decisions or acts are not directly related to legitimate rights and interests of complainants.
2. Each complainant does not have full civil act capacity and lawful representative, unless otherwise provided for by law.
3. Complainants’ representatives have no documents proving their lawful representation.
4. The prescriptive period for lodging the complaint ends.
5. Complaint resolution decisions have been issued and effective, except for the cases specified at point b, clause 4 and point b, clause 7, Article 142 of this Law.
Article 142. Power to resolve complaints about judgment enforcement
1. Heads of district-level civil judgment-enforcing agencies shall resolve complaints about illegal decisions issued or acts committed by enforcers managed by their agencies.
2. Heads of provincial judgment-enforcing agencies shall resolve the following complaints:
a) Complaints about illegal decisions issued or acts committed by enforcers managed by their agencies;
b) Complaints about illegal decisions issued or acts committed by heads of district-level civil judgment-enforcing agencies;
c) Complaints about complaint resolution decisions issued by heads of district-level civil judgment-enforcing agencies. Complaint resolution decisions issued by provincial judgment-enforcing agencies will be effective for enforcement.
3. The head of the civil judgment-enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall resolve the following complaints:
a) Complaints about illegal decisions issued or acts committed by heads of provincial civil judgment-enforcing agencies;
b) Complaints about complaint resolution decisions issued by heads of provincial civil judgment-enforcing agencies. Complaint resolution decisions issued by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam will be effective for enforcement.
4. The Minister of Justice of Vietnam shall resolve the following complaints:
a) Complaints about complaint resolution decisions issued by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam specified at point a, clause 3 of this Article. Complaint resolution decisions issued by the Minister of Justice of Vietnam will be effective for enforcement;
b) When necessary, the Minister of Justice of Vietnam may review complaint resolution decisions which are effective for enforcement specified in clauses 2 and 3 of this Article.
5. Heads of military zone-level judgment-enforcing agencies shall resolve complaints about illegal decisions issued or acts committed by their enforcers.
6. The head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam shall resolve the following complaints:
a) Complaints about illegal decisions issued or acts committed by heads of military zone-level judgment-enforcing agencies;
b) Complaints about complaint resolution decisions issued by heads of military zone-level judgment-enforcing agencies. Complaint resolution decisions issued the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam will be effective for enforcement.
7. The Minister of National Defense of Vietnam shall resolve the following complaints:
a) Complaints about complaint resolution decisions issued the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam. Complaint resolution decisions issued by the Minister of National Defense of Vietnam will be effective for enforcement;
b) When necessary, the Minister of National Defense of Vietnam may review complaint resolution decisions issued by the head of the judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam specified at point b, Clause 6 of this Article.
Article 143. Rights and obligations of complainants
1. A complainant has the following rights:
a) Lodge complaints directly or through his/her lawful representative;
b) Hire a lawyer to receive legal consultancy in the complaint process;
c) Receive a complaint settlement decision;
d) Get access to proofs serving as grounds for resolution of the complaint; show proofs relevant to the complaint and give his/her opinions on these proofs;
dd) Have his/her legitimate rights and interests, which have been infringed upon, restored, and be eligible for compensations for damage, if any;
e) Lodge further complaints if he/she disagrees with a first-time complaint resolution decision issued by a person having power to resolve complaints;
g) Revoke his/her complaint at any stage of the process of complaint resolution.
2. A complainant has the following obligations:
a) Lodge his/her complaint with the person having power to resolve complaints;
b) Honestly report his/her case and supply information and documents to a complaint-resolving person; be responsible to the law for the reported case and supplied information and documents;
c) Strictly abide by the effective complaint resolution decision and the decisions issued by the Minister of Justice of Vietnam and the Minister of National Defense of Vietnam specified at point b, clause 4 and point b, clause 7, Article 142 of this Law.
Article 144. Rights and obligations of complained persons
1. A complained person has the following rights:
a) Get access to grounds that the complainant has lodged complaints; show proofs of the legality of each decision or act complained;
b) Receive a complaint settlement decision.
2. A complained person has the following obligations:
a) Explain the complained decision or act, supply relevant information and documents when requested by the person having power to resolve complaints;
b) Strictly abide by the effective complaint settlement decision and the decisions issued by the Minister of Justice of Vietnam and the Minister of National Defense of Vietnam specified at point b, clause 4 and point b, clause 7, Article 142 of this Law;
c) Pay compensations or indemnities and remedy consequences caused by his/her illegal decisions or acts under law.
Article 145. Rights and obligations of persons having power to resolve complaints
1. A person having power to resolve complaints has the following rights:
a) Request any complainant, complained person and person having related interests and obligations to supply information and documents related to complaints;
b) Suspend enforcement of any complained decision or performance of any complained act or request a civil judgment-enforcing agency to suspend judgment enforcement during the period of complaint resolution under this Law, if he/she believes that the judgment enforcement will affect legitimate rights and interests of the involved parties or the resolution of complaints.
2. A person having power to resolve complaints has the following obligations:
a) Receive and resolve each complaint about a decision or act;
b) Notify in writing the acceptance of the complaint for resolution and send a complaint resolution decision to a complainant;
c) Be responsible to the law for his/her settlement of complaints.
Article 146. Time limit for resolution of complaint
1. Regarding a decision or act specified at point a, clause 2, Article 140 of this Law, the time limit for resolution of the first-time complaint is 15 days and the time limit for resolution of the second-time complaint is 30 days from the date of acceptance of the complaint.
2. Regarding a decision or act specified at point b, clause 2, Article 140 of this Law, the time limit for resolution of complaint is 5 working days from the date of acceptance of the complaint.
3. Regarding a decision or act specified at point c, clause 2, Article 140 of this Law, the time limit for resolution of the first-time complaint is 30 days and the time limit for resolution of the second-time complaint is 45 days from the date of acceptance of the complaint.
When necessary, regarding a complicated case, the time limit for complaint resolution may be prolonged but must not exceed 30 days after the expiration of the original time limit.
4. Regarding a decision or act specified at point d, clause 2, Article 140 of this Law, the time limit for resolution of the first-time complaint is 15 days and the time limit for resolution of the second-time complaint is 30 days from the date of acceptance of the complaint.
5.[[77]] In case of a deep-lying and remote area which is difficult to access or a complicated case, the time limit for resolution of the complaint may be prolonged but must not exceed 30 days from the expiration of the original time limit.
Article 147. Complaint forms
A complainant may lodge his/her complaint in any of the following forms:
1. Sending a written complaint to an agency having power to resolve complaints. Such written complaint shall clearly state the date of complaint; full name and address of the complainant; full name and address of the complained person; complaint contents, reason for complaint and request for resolution. The written complaint shall be signed or fingerprinted by the complainant.
2. Directly presenting complaint contents at the agency having power to resolve complaints. A person responsible for receiving the complaint shall direct the complainant to write down his/her complaint or record complaint contents presented under clause 1 of this Article, and these documents shall be signed or fingerprinted by the complainant.
3. Lodging the complaint through his/her representative. The representative shall have documents proving the legality of the representation and the complaint shall be lodged according to the procedures specified in clauses 1 and 2 of this Article.
Article 148. Acceptance of written complaints
Within 05 working days after receiving complaints falling within their power and outside the cases specified in Article 141 of this Law, persons having power to resolve complaints for the first time shall accept these complaints for resolution and notify in writing complainants of the acceptance. In case they refuse to accept complaints for resolution, they shall notify complainants of and clearly state reasons for the refusal.
Article 149. Complaint resolution dossiers
1. Complaint resolution shall be recorded in a dossier. A complaint resolution dossier comprises;
a) A written complaint or a written record of complaint contents;
b) A written explanation of a complained person;
c) Written records of verification, inspection, conclusion and results of assessment;
d) Complaint resolution decision;
dd) Other relevant documents.
2. Complaint resolution dossiers shall be numbered and archived under law.
Article 150. Procedures for resolving complaints for the first time
After accepting written complaints, persons having power to resolve complaints shall conduct verification and request complained persons to provide explanation, and when necessary, may consult experts or organize dialogues to clarify complaint contents, requests made by complainants and resolution directions.
Persons having power to resolve complaints shall issue decisions on resolution of complaints within their power.
Article 151. Contents of a first-time complaint resolution decision
1. Date of issuance.
2. Full name and address of a complainant/complained person.
3. Complaint contents.
4. Results of verification of complaint contents;
5. Legal grounds for resolution.
6. Conclusions on correct, partially correct or wholly wrongful complaint contents.
7. Maintenance, modification, cancellation or request for partial modification or cancellation of the complained decision or act, or forcible termination of the enforcement or performance of the complained decision or act.
8. Payment of compensation for damage and remedy of consequences caused by the illegal decision or act.
9. Guidance on the complainant’s right to lodge a further complaint.
Article 152. Procedures for resolving complaints for the second time
1. In case of continuation in complaint, complainants shall lodge written complaints enclosed with copies of first-time complaint resolution decisions and relevant documents with persons having power to resolve complaints for the second time.
2. In the course of second-time complaint resolution, persons having power to resolve complaints have the rights provided for in Article 145 of this Law and may request first-time complaint-resolving persons, relevant agencies, organizations and individuals to supply information, documents and proofs related to complaint contents; summons complained persons and complainants for organization of dialogues when necessary; verify complaint contents; consult experts, and take other measures provided for by law to resolve complaints. When receiving requests, relevant agencies, organizations and individuals shall satisfactorily respond to them.
Persons having power to resolve complaints for the second time shall issue complaint resolution decisions.
Article 153. Contents of a second-time complaint resolution decision
1. Date of issuance.
2. Full name and address of a complainant/complained person.
3. Complaint contents.
4. Results of verification of complaint contents.
5. Legal grounds for resolution.
6. Conclusions on complaint contents and resolution by the person having power to resolve the complaint for the second time.
7. Maintenance, modification, cancellation or request for partial modification or cancellation of the complained decision or act, or forcible termination of the enforcement or performance of the complained decision or act.
8. Payment of compensation for damage and remedy of consequences caused by the illegal decision or act.
Section 2
DENUNCIATIONS OF CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF
Article 154. Persons entitled to issue denunciations
Citizens are entitled to issue denunciations to competent agencies, organizations or individuals of illegal acts committed by heads of civil judgment-enforcing agencies, enforcers and officials engaged in civil judgment enforcement that cause damage or threaten to cause damage to the interests of the State, legitimate rights and interests of citizens, agencies and organizations.
Article 155. Rights and obligations of denouncers
1. A denouncer has the following rights:
a) Send written denunciations or directly denounce to a competent agency/organization/individual;
b) Request that his/her full name, address and autograph be kept secret;
c) Request that the results of settlement of his/her denunciations be notified to him/her;
d) Request that the competent agency/organization/individual protect him/her when threatened, bullied or revenged.
2. A denouncer has the following obligations:
a) Honestly present the contents of his/her denunciations;
b) Clearly state his/her full name and address;
c) Take responsibility to the law for untruthful denunciations.
Article 156. Rights and obligations of denounced persons
1. A denounced person has the following rights:
a) Be notified of the denunciation contents;
b) Give evidences to prove that the denunciation contents are untrue;
c) Have his/her legitimate rights and interests that have been infringed upon restored; have his/her honor restored; and be eligible for compensation for the damage caused by false denunciations;
d) Request the competent agency/organization/individual to handle the person who has made the untruthful denunciation.
2. A denounced person has the following obligations:
a) Explain his/her denounced acts; provide relevant information and documents when requested by the competent agency/organization/individual;
b) Strictly abide by the handling decision issued by the competent agency/organization/individual;
c) Pay damages, reimburse or address consequences caused by his/her illegal acts according to regulations of law.
Article 157. Power to settle, time limit and procedures for settlement of denunciation
1. Denunciation of any illegal act committed by a person managed by an agency or organization shall be settled by the head of such agency or organization.
2. In case the denounced person is the head of civil judgment-enforcing agency, the head of superior civil judgment-enforcing agency or the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall be responsible for settlement.
In case the denounced person is the head of military zone-level judgment-enforcing agency, the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam shall be responsible for settlement.
The time limit for settlement of the denunciation is 60 days from the date of acceptance. Regarding a complicated case, it may be prolonged but must not exceed 90 days.
3. Denunciation of an illegal act showing sign of crime shall be settled under the Criminal Procedure Code.
4. Procedures for settling denunciations shall comply with the law on complaints and denunciations.
Article 158. Responsibilities of persons having power to settle denunciations
1. Competent agencies, organizations and individuals shall, within their tasks and powers, receive and promptly and lawfully settle denunciations; strictly handle violators; apply necessary measures to prevent damage; ensure that settlement decisions are strictly enforced, and be responsible to the law for their decisions.
2. Persons who have power to settle denunciations but fail to settle denunciations or settle denunciations irresponsibly or in contravention of law shall, depending on the nature and severity of their violations, be disciplined or face criminal prosecution. If any damage is caused, they shall pay compensations therefor under law.
Article 159. Inspection of the observance of law on resolution of complaints about or settlement of denunciations of civil judgment enforcement
Procuracies shall inspect the observance of law on resolution of complaints about or settlement of denunciations of civil judgment enforcement according to regulations of law. Procuracies are entitled to request civil judgment-enforcing agencies of the same and inferior levels and responsible agencies, organizations and individuals to ensure that the resolution of complaints about or settlement of denunciations is well grounded and lawful.
Section 3
PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF
Article 160. Procuracy's right to lodge protest
1. Each procuracy is entitled to protest against any decision issued or act committed by the head of civil judgment-enforcing agency at the same or inferior level or its enforcers under the Law on Organization of People’s Procuracies.
2. The time limit for lodging a protest by the procuracy of the same level is 15 days, and the time limit for lodging a protest by the superior procuracy is 30 days from the date of receipt of the decision or detection of the act.
Article 161. Reply to protest lodged by procuracy
1.[[78]] The head of civil judgment-enforcing agency shall reply to any protest lodged by a people’s procuracy against his/her judgment enforcement decision or act or a decision issued by or act committed by an enforcer under its management within 15 days from the date of receipt of such protest.
In case of acceptance of the protest lodged by the people’s procuracy, the head of civil judgment-enforcing agency shall, within 05 working days from the date on which a written reply to such protest is given, reply to the protest.
2. In case the head of civil judgment-enforcing agency disagrees on the protest lodged by the procuracy:
a)[[79]] The head of civil judgment-enforcing agency of district where the protested decision or act is issued or committed shall report the protest to the head of provincial civil judgment-enforcing agency and the chief procurator of the provincial people’s procuracy. The head of provincial civil judgment-enforcing agency shall consider the protest and reply within 30 days from the date of receipt of the report. A written reply given by the head of provincial civil judgment-enforcing agency will take effect for implementation immediately;
b) The head of provincial civil judgment-enforcing agency whose decision or act is protested shall report the protest to the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam and the Supreme People’s Procuracy of Vietnam. The head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall consider the protest and reply within 30 days from the date of receipt of the report. A written reply given by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice will take effect for implementation immediately;
c) The head of military zone-level judgment-enforcing agency whose decision or act is protested shall report the protest to the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam and the Central Military Procuracy. The head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense shall consider the protest and reply within 30 days from the date of receipt of the report. A written reply given by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense will take effect for implementation immediately.
3.[[80]] In case the written reply to the protest specified in clause 2 of this Article is found groundless, the Procurator General of the Supreme People’s Procuracy of Vietnam shall request the Minister of Justice of Vietnam to reconsider the effective written reply given by the head of the provincial civil judgment-enforcing agency or the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam, or request the Minister of National Defense of Vietnam to reconsider the effective written reply given by the head of military zone-level judgment-enforcing agency or the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam. The Minister of Justice of Vietnam, the Minister of National Defense of Vietnam shall make consideration and reply in writing to the Procurator General of the Supreme People’s Procuracy of Vietnam within 30 days from the date of receipt of the request.
Chapter VII
HANDLING VIOLATIONS
Article 162. Administrative violations against regulations on civil judgment enforcement
1. Failing to be present for judgment enforcement without plausible reasons after receipt of the second notice or summons.
2. Intentionally failing to enforce a Court decision on application of provisional urgent measures or a judgment or decision which must be immediately enforced.
3. Failing to perform a task which must be performed or to terminate the performance of a prohibited task under a judgment or decision.
4. Intentionally delaying the fulfillment of the judgment enforcement obligation through there is capability of executing judgment.
5. Dispersing or damaging assets to shirk the judgment enforcement obligation or the asset distraint.
6. Failing to comply with the enforcer’s request for supply of information and documents related to assets handled for judgment enforcement without plausible reasons.
7. Illegally using, consuming, transferring, fraudulently exchanging, concealing or altering the conditions of assets distrained but it is not liable to criminal prosecution.
8. Opposing, obstructing or instigating others to oppose or obstruct the judgment enforcement; verbally abusing, blaspheming or offending judgment enforcers; disturbing public order at places where the judgment enforcement is conducted or other acts of obstructing civil judgment enforcement but it is not liable to criminal prosecution.
9. Breaking the seals of or destroying assets distrained but it is not liable to criminal prosecution.
10. Failing to abide by an enforcer's decision on deduction of account and income or revocation of valuable documents of a judgment debtor.
Article 163. Power to impose penalties for administrative violations
1. The following persons have power to impose penalties for administrative violations against regulations on civil judgment enforcement:
a) Enforcers who are conducting judgment enforcement;
b)[[81]] (annulled)
c) Heads of district-level civil judgment-enforcing agencies;
d) Heads of provincial civil judgment-enforcing agencies and military zone-level judgment-enforcing agencies.
dd)[[82]] Head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam; Head of civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam.
2. Penalties for administrative violations against regulations on civil judgment enforcement shall comply with the law on handling of administrative violations.
Article 164. Imposition of penalties for violations and resolution of complaints about and settlement of denunciations of imposition of penalties for administrative violations against regulations on civil judgment enforcement
1. Principles and prescriptive periods of imposition of penalties, aggravating and extenuating circumstances, specific procedures for imposition of penalties shall comply with the law on handling of administrative violations.
2. Complaints about and denunciations of imposition of penalties for administrative violations against regulations on civil judgment enforcement and settlement thereof shall comply with this Law and other relevant laws.
Article 165. Handling violations
1. Judgment debtors that intentionally fail to abide by judgments or decisions or fail to voluntarily execute judgment enforcement decisions shall, depending on the nature and severity of their violations, face penalties or criminal prosecution under law.
2. Agencies, organizations and individuals that fail to execute judgment enforcement decisions shall, depending on the nature and severity of their violations, face penalties. If any damage is caused, they shall pay compensations therefor. If violators are individuals, they can also be disciplined or criminally prosecuted.
3. Persons who abuse their positions or powers to intentionally obstruct judgment enforcement or force enforcers to unlawfully conduct judgment enforcement; break the seals of, consume, transfer, fraudulently exchange, hide or destroy material evidence or assets temporarily seized or distrained shall, depending on the nature and severity of their violations, be disciplined or criminally prosecuted. If any damage is caused, they shall pay compensations therefor.
4. Heads of civil judgment-enforcing agencies who intentionally fail to issue judgment enforcement decisions or issue unlawful ones, enforcers who fail to strictly enforce judgments or decisions, delay judgment enforcement, apply unlawful measures to coerce judgment enforcement, or breach ethical rules of enforcers shall be disciplined or criminally prosecuted. If any damage is caused, they shall pay compensations therefor under law.
Chapter VIII
TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN CIVIL JUDGMENT ENFORCEMENT
Article 166. Tasks and powers of the Government of Vietnam
1. Be responsible for uniform state management of civil judgment enforcement nationwide.
2. Direct governmental agencies and provincial People’s Committees to enforce civil judgments.
3. Cooperate with the Supreme People’s Court of Vietnam and the Supreme People’s Procuracy of Vietnam in enforcing civil judgments.
4. Annually report on civil judgment enforcement to the National Assembly of Vietnam.
Article 167. Tasks and powers of the Ministry of Justice
1. The Ministry of Justice of Vietnam shall take responsibility to the Government of Vietnam for state management of civil judgment enforcement and have the following tasks and powers:
a) Issue or request competent agencies to issue legislative documents on civil judgment enforcement;
b) Formulate and organize the implementation of policies on and plans for civil judgment enforcement;
c) Disseminate and educate about the law on civil judgment enforcement;
d) Manage the organizational system, state payrolls and operations conducted by civil judgment-enforcing agencies; decide establishment and dissolution of civil judgment-enforcing agencies; train, appoint and dismiss enforcers or verifiers;
dd) Provide guidance for, direct and train enforcers, verifiers and other officials engaged in civil judgment enforcement;
e)[[83]] Inspect the use of the state budget, enrollment, employment, management and implementation of policies applicable to officials, public employees and employees in the system of civil judgment-enforcing organizations; examine, resolve complaints and settle denunciations, commend achievements in and handle violations against regulations on civil judgment enforcement;
g) Decide plans for allocation of funding sources and assurance of material facilities and means for operations conducted by civil judgment-enforcing agencies;
h) Enter into international cooperation in civil judgment enforcement;
i) Finally review civil judgment enforcement;
k) Promulgate and comply with regulations on statistics on civil judgment enforcement;
l) Report on civil judgment enforcement to the Government of Vietnam.
2. The civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall assist the Minister of Justice of Vietnam in state management of civil judgment enforcement and specialized management of civil judgment enforcement under the Government’s regulations.
Article 168. Tasks and powers of the Ministry of National Defense
1. Cooperate with the Ministry of Justice of Vietnam in charge of state management of civil judgment enforcement in the Army in:
a) Issuing or proposing competent agencies to issue legislative documents on civil judgment enforcement in the Army;
b) Appointing and dismissing enforcers; professionally training and retraining enforcers, verifiers and staffs engaged in civil judgment enforcement in the Army;
c) Finally reviewing and reporting on civil judgment enforcement to the Government of Vietnam;
2. Perform the following tasks:
a) Provide professional guidance on judgment enforcement for military zone-level judgment-enforcing agencies; disseminate and educate about the law on civil judgment enforcement in the Army;
b) Manage the organizational apparatus and state payrolls and decide establishment and dissolution of judgment-enforcing agencies in the army; appoint and dismiss heads and deputy heads of military zone-level judgment-enforcing agencies; commend or discipline military personnel engaged in military judgment enforcement;
c)[[84]] Inspect the use of the state budget, implementation of policies, arrangement and employment of judgment-enforcing officials; examine, resolve complaints and settle denunciations, commend achievements in and handle violations against regulations on judgment enforcement in the Army;
d) Manage and prepare plans for the allocation of funding sources and assurance of material facilities and means used for judgment enforcement in the Army.
3. The judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam shall assist the Minister of National Defense of Vietnam in performing tasks and exercising powers specified in this Article under the Government’s regulations.
Article 169. Tasks and powers of the Ministry of Public Security
1. Cooperate with the Ministry of Justice of Vietnam in issuing legislative documents on civil judgment enforcement.
2. Direct police offices to protect coercive judgment enforcement, and cooperate in protecting material evidence warehouses of civil judgment-enforcing agencies when necessary.
3. Direct prisons and detention camps where judgment debtors are serving imprisonment sentences to collect amounts and assets payable by judgment debtors or their relatives for judgment enforcement.
4. Direct competent police offices to cooperate with civil judgment-enforcing agencies in requesting Courts to consider deciding penalty remission or exemption for eligible judgment debtors under law.
5. Cooperate with the Ministry of Justice of Vietnam in finally reviewing civil judgment enforcement.
Article 170. Tasks and powers of Courts[[85]]
1. Tasks and powers of the Supreme People’s Court of Vietnam:
a) Cooperate with the Ministry of Justice of Vietnam in issuing legal documents on civil judgment enforcement;
b) Request civil judgment-enforcing agencies to report results of enforcement of judgments and decisions when necessary;
c) Respond to requests and implement recommendations, and direct Courts at all levels to respond to requests and implement recommendations made by civil judgment-enforcing agencies within the prescribed time limit;
d) Direct Courts at all levels to cooperate with relevant agencies in civil judgment enforcement;
dd) Cooperate with the Ministry of Justice of Vietnam in finally reviewing civil judgment enforcement.
2. Tasks and powers of Superior People’s Courts and the Central Military Court:
a) Request civil judgment-enforcing agencies to report results of enforcement of judgments and decisions when necessary;
b) Respond to requests made by civil judgment-enforcing agencies for review of court judgments or decisions according to cassation or re-opening procedures within 90 days from the date of receipt of these requests;
c) Consider decisions on reduction or cancellation of debts according to re-opening procedures in accordance with law.
3. Tasks and powers of People’s Courts of provinces and central-affiliated cities, People’s Courts of urban and rural districts, towns, provincial cities and equivalents, military Courts of military zones and equivalents:
a) Send judgments, decisions, relevant material evidences or other documents to judgment-enforcing agencies in accordance with this Law;
b) Consider deciding reduction or cancellation of debts payable to state budget; settle protests against decisions on reduction or cancellation of debts payable to state budget in accordance with this Law;
c) Accept and promptly respond to requests made by civil judgment-enforcing agencies and involved parties for determination of ownership, division of assets or settlement of disputes over ownership and rights to use assets; cancel documents or transactions arising in the course of judgment enforcement under the court jurisdiction;
d) Carry out recommendations or respond to requests made by civil judgment-enforcing agencies and monitor results after receipt of replies from Courts.
4. When re-adjudicating cases whose judgments and decisions are partially or wholly quashed according to cassation or reopening trial decisions, courts shall settle matters related to assets and obligations that have been handled/enforced under legally effective judgments or decisions which are quashed.
Article 171. Tasks and powers of the Supreme People’s Procuracy
1. Cooperate with the Ministry of Justice of Vietnam in issuing legislative documents on civil judgment enforcement.
2. Inspect and direct procuracies at all levels to supervise civil judgment enforcement under law.
3. Cooperate with the Ministry of Justice of Vietnam in finally reviewing civil judgment enforcement.
Article 172. Tasks and powers of commanders of military zones and equivalent levels
1. Direct organization of cooperation among relevant agencies in enforcement of judgments or decisions related to big and complicated cases impacting on political security and social order and safety in military zones and equivalent levels at the request of heads of military zone-level judgment-enforcing agencies.
2. Request military zone-level judgment-enforcing agencies to report on judgment enforcement, and examine and inspect such judgment enforcement in military zones and equivalent levels.
3. Give written opinions on appointment and dismissal of heads and deputy heads of military zone-level judgment-enforcing agencies.
4. Decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.
Article 173. Tasks and powers of provincial People’s Committees[[86]]
1. Direct organization of cooperation among relevant agencies in enforcing civil judgments within their provinces; promptly solve problems and difficulties arising in the course of cooperation among relevant agencies in enforcing civil judgments.
2. Direct organization of coercive enforcement of judgments or decisions related to big and complicated cases impacting political security and social order and safety within their provinces at the request of heads of provincial civil judgment-enforcing agencies.
3. Give written opinions on appointment and dismissal of heads and deputy heads of provincial civil judgment-enforcing agencies.
4. Request provincial civil judgment-enforcing agencies to report on civil judgment enforcement within their provinces; give opinions on reports prepared by provincial civil judgment-enforcing agencies before submitting them to People’s Councils of the same level.
5. Request provincial civil judgment-enforcing agencies to inspect civil judgment enforcement within their provinces; request the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam to inspect civil judgment enforcement within their provinces.
6. Decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.
7. Propose competent agencies, organizations or individuals to promptly handle violations against law on civil judgment enforcement.
Article 174. Tasks and powers of district-level People’s Committees[[87]]
1. Direct organization of cooperation among relevant agencies in enforcing civil judgments within their provinces; promptly solve problems and difficulties arising in the course of cooperation among relevant agencies in enforcing civil judgments.
2. Direct organization of coercive enforcement of judgments or decisions related to big and complicated cases impacting political security and social order and safety within their districts at the request of heads of district-level civil judgment-enforcing agencies.
3. Give written opinions on appointment and dismissal of heads and deputy heads of district-level civil judgment-enforcing agencies.
4. Request district-level civil judgment-enforcing agencies to inspect or propose heads of provincial civil judgment-enforcing agencies to inspect civil judgment enforcement within their districts.
5. Request district-level judgment-enforcing agencies to report on civil judgment enforcement within their districts; give opinions on reports prepared by district-level civil judgment-enforcing agencies before submitting them to People’s Councils according to regulations of law.
6. Decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.
7. Propose competent agencies, organizations or individuals to promptly handle violations against law on civil judgment enforcement.
Article 175. Tasks and powers of commune-level People’s Committees
Presidents of commune-level People’s Committees shall, within their tasks and powers, cooperate with enforcers and civil judgment-enforcing agencies in notifying judgment enforcement, verifying capacity of executing judgments, applying measures to secure or coerce into judgment enforcement and performing other tasks related to judgment enforcement within their communes.
Article 176. Responsibilities of the State Treasury, banks and other credit institutions
1. Supply accurate, adequate, and timely information and data on accounts of judgment debtors at the request of enforcers and civil judgment-enforcing agencies.
2. Strictly and promptly comply with requests made by enforcers for freezing accounts and assets; for deduction of amounts from accounts; release of frozen accounts or assets of judgment debtors.
3. Fully comply with other requests made by enforcers and civil judgment-enforcing agencies under this Law.
Article 177. Responsibilities of Vietnam Social Security
1. Supply accurate, adequate, and timely information and data on incomes earned by judgment debtors and currently paid through Vietnam Social Security at the request of enforcers and civil judgment-enforcing agencies.
2. Strictly and promptly comply with requests made by enforcers for subtraction of incomes earned by judgment debtors for judgment enforcement.
3. Fully comply with other requests made by enforcers and civil judgment-enforcing agencies under this Law.
Article 178. Responsibilities of asset and security transaction registration offices
1. Suspend or terminate compliance with requests related to transactions concerning assets owned by judgment debtors and registered with asset or security transaction registration offices after receipt of requests from enforcers and civil judgment-enforcing agencies
2. Register asset ownership or land use rights for asset purchasers and judgment creditors that receive assets as deductions from the money for judgment enforcement.
3. Revoke, modify or destroy certificates of asset ownership or land use rights, security transaction registration certificates already granted to judgment debtors; grant new ones under law.
Article 179. Responsibilities of judgment or decision-making agencies
1. Ensure that pronounced judgments or decisions are accurate, explicit, specific and practical.
2. Explain in writing unclear contents of pronounced judgments or decisions within 15 days after receipt of requests from involved parties or civil judgment-enforcing agencies.
Regarding a complicated case, the time limit for reply is 30 days from the date of receipt of the request.
3.[[88]] (annulled)
4.[[89]] (annulled)
Article 180. Tasks and powers of agencies and organizations assigned to monitor and manage persons currently serving criminal sentences
Agencies and organizations assigned to monitor and manage persons currently serving criminal sentences under the Criminal Procedure Code shall, within their tasks and powers, cooperate with civil judgment-enforcing agencies in:
1. Educating these persons to strictly perform their civil obligations under court judgments or decisions;
2. Providing relevant information on civil obligors who are currently serving criminal sentences for civil judgment-enforcing agencies; giving notification of civil judgment enforcement-related documents to judgment debtors currently serving criminal sentences;
3. Cooperating with civil judgment-enforcing agencies in collecting amounts used for judgment enforcement under this Law;
4. Promptly notifying civil judgment-enforcing agencies of places of residence of convicts who have completely served imprisonment sentences or are granted pardon or exempted from serving imprisonment sentences.
Chapter IX
IMPLEMENTATION PROVISIONS [90]
Article 181. Legal assistance in civil matters during judgment enforcement
1. Request for mutual legal assistance in civil matters during judgment enforcement, receipt and handling of requests for mutual legal assistance during judgment enforcement shall comply with regulations of law on legal assistance.
2. Civil judgment-enforcing agencies making requests for mutual legal assistance in civil matters during judgment enforcement shall formulate mutual legal assistance (MLA) applications according to regulations on legal assistance.
Article 182. Effect
This Law comes into force from July 01, 2009.
The 2004 Ordinance on Enforcement of Civil Judgments ceases to have effect from the effective date of this Law.
Article 183. Elaboration and guidelines for implementation
The Government, the Supreme People’s Court, and the Supreme People’s Procuracy shall, within their tasks and powers, elaborate on and provide guidelines for the implementation of this Law’s articles and clauses as assigned, and provide guidelines for other necessary regulations of this Law to meet state management requirements.
|
|
CERTIFIED BY CHAIRMAN |
Ý kiến bạn đọc
