Integrated document No. 6994/VBHN-BTP dated December 04, 2024 Decree on elaboration and guidance on implementation of the Law on Civil Judgment Enforcement
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THE MINISTRY
OF JUSTICE |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No. 6994/VBHN-BTP |
Hanoi, December 04, 2024 |
ELABORATION AND GUIDANCE ON IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON CIVIL JUDGMENT ENFORCEMENT
The Government’s Decree No. 62/2015/ND-CP dated July 18, 2015 on guidelines for Law on Civil Judgment Enforcement, which has been effective since September 01, 2015, is amended by:
1. The Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 on elaboration and guidance on implementation of some Articles of for the Law on Fees and Charges, which has been effective since January 01, 2017;
2. The Government’s Decree No. 33/2020/ND-CP dated March 17, 2020 on amendments to some Articles of the Government’s Decree No. 62/2015/ND-CP dated July 18, 2015 on elaboration and guidance on implementation of some Articles of the Law on Civil Judgment Enforcement, which has been effective since May 01, 2020;
3. The Government’s Decree No. 152/2024/ND-CP dated November 15, 2024 on amendments to some Articles of the Government’s Decree No. 62/2015/ND-CP dated July 18, 2015 on elaboration and guidance on implementation of some Articles of the Law on Civil Judgment Enforcement amended by the Government’s Decree No. 33/2020/ND-CP dated March 17, 2020, which has been effective since May 01, 2025.
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Civil Judgment Enforcement No. 26/2008/QH12 dated November 14, 2008, amended in the Law No. 64/2014/QH13 dated November 25, 2014;
At the request of the Minister of Justice,
The Government promulgates a Decree to elaborate and provide guidance on implementation of some Articles of the Law on Civil Judgment Enforcement.
This Decree elaborates and provides guidance on implementation of some Articles of the Law on Civil Judgment Enforcement No. 26/2008/QH12 dated November 14, 2008 and the Law No. 64/2014/QH13 dated on amendments to some Articles of the Law on Civil Judgment Enforcement on civil judgment enforcement procedures; the system of civil judgment enforcement authorities; junior enforcement officers, intermediate enforcement officers and senior enforcement officers (hereinafter referred to as “enforcement officers”); civil judgment enforcement inspectors, chief civil judgment enforcement inspectors and senior civil judgment enforcement inspectors (hereinafter referred to as “enforcement inspectors”); enforcement clerks; heads and deputies of civil judgment enforcement authorities; recruitment and designation of enforcement officers; equipment and benefits of enforcement officers, enforcement inspectors, enforcement secretaries and other civil judgment enforcement officials.
This Decree applies to civil judgment enforcement authorities, civil judgment enforcement officials, organizations and individuals involved in civil judgment enforcement.
1. Within the scope of their competence prescribed by law, the People’s Committees and military headquarters shall cooperate and enable local civil judgment enforcement authorities to implement Law on Civil Judgment Enforcements; instruct relevant authorities to cooperate with civil judgment enforcement authorities in managing local civil judgment enforcement activities.
2. At the request of the Minister of Justice and the Prime Minister, establish civil judgment enforcement steering committees which provide guidance on major and/or complicated cases that affect social and political order or involve numerous organizations or administrative visions; the People’s Committees of provinces and districts at the request of heads of civil judgment enforcement authorities of the same provinces or districts shall establish civil judgment enforcement steering committees which assist Chairpersons of the People’s Committees in coordinating local authorities involved in civil judgment enforcement; resolve difficulties in cooperation; provide instructions on major and/or complicated cases that affect local social and political order.
The Ministry of Justice shall take charge and cooperate with the People’s Supreme Court, the People’s Supreme Procuracy, the Ministry of Public Security, the Ministry of Finance, Central Committee of Vietnamese Fatherland Front in provide instructions on operation of steering committees for civil judgment enforcement.
3. After 01 year from the effective date of a court judgment or court decision (hereinafter referred to as “judgment”), if the authority, organization or enterprise that is judgment creditor does not request enforcement of the judgment, the supervisory authority or organization; the authority representing the owner of such authority, organization or enterprise shall provide instructions on requesting enforcement for the state-owned money, property.
PROCEDURES FOR CIVIL JUDGMENT ENFORCEMENT
Article 4. Prescriptive time limit for requesting civil judgment enforcement
1. A litigant is entitled to request enforcement of a judgment within the prescriptive time limit specified in Clause 1 Article 30 of the Law on Civil Judgment Enforcement.
2. Where enforcement of a judgment cannot be requested within the prescriptive time limit specified in Clause 1 Article 30 of the Law on Civil Judgment Enforcement because of a force majeure event or objective hindrance, the litigant is entitled to request the head of a competent civil judgment enforcement authority to consider accepting the late request for enforcement.
3. The following events are considered force majeure events or objective hindrances:
a) Natural disasters, blazes, hostilities;
b) The litigant does not receive a judgment not through their fault; the litigant is working in a bordering area or island or is forced to abide by the competent authority's decision and cannot request the enforcement on schedule; the litigant has an accident or disease that causes him/her to lose his/her consciousness or dies without an inheritor; an organization undergoes amalgamation, merger, division, separation, dissolution, transformation of its form, compulsory transfer, transfer of all shares or stakes without identifying another organization or individual entitled to request enforcement as prescribed by law or the litigant fails to request the enforcement before the deadline through the fault of the adjudicating authority, civil judgment enforcement authority or another organization or individual or any objective hindrance as prescribed in Article 156 of the Civil Code.
4. A late request for enforcement shall be submitted according to Clause 1 through 3 Article 31 of the Law on Civil Judgment Enforcement together with explanation and supporting documents. To be specific:
a) In case of a force majeure event, death of the litigant without an inheritor, or an objective hindrance, it is required to have a confirmation of the People’s Committee of the last commune where the litigant resides upon occurrence of the force majeure event, except for the cases specified in Point b through e of this Clause;
b) In case of an accident or disease that causes the litigant to lose his/her consciousness, it is required to have a brief medical record certified by the medical facility of the district or a superior medical facility;
c) In case of late request for enforcement because of the litigant’s working requirements, it is required to have a confirmation from the litigant’s employer;
d) In case of late request for enforcement through the fault of the adjudicating authority or civil judgment enforcement authority, it is required to have a confirmation from the court that passed the judgment or a competent civil judgment enforcement authority.
dd) In case of amalgamation, merger, division, separation, dissolution, transformation of its form, compulsory transfer, transfer of all shares or contributed capital, an organization and individual is required to have a lawful document proving the unidentified time so that they can request enforcement.
e) In case of other force majeure events or objective hindrances, it is required to have a confirmation from a competent authority or valid supporting documents.
The confirmation shall specify the location and time of the force majeure event or objective hindrance.
5. Where a litigant submits another request after a request for civil judgment enforcement is rejected before July 01, 2015, the civil judgment enforcement authority that rejected the previous request shall issue a judgment enforcement decision and carry on the civil judgment enforcement. The request for civil judgment enforcement shall comply with Article 31 of the Law on Civil Judgment Enforcement and submitted together with relevant documents and the decision on rejection (if any).
If the decision on rejection is lost, the judgment creditor shall request the civil judgment enforcement authority to issue another decision on rejection and give a confirmation.
6. Where the judgment debtor is a criminal serving a sentence and his/her relative or an authorized person voluntarily pays money or deliver property to satisfy the judgment after expiration of the prescriptive time limit for requesting enforcement, the civil judgment enforcement authority shall not issue a decision on extension of the prescriptive time limit for requesting civil judgment enforcement. In this case, the civil judgment enforcement authority shall issue a judgment enforcement decision which covers the amount of money paid or property voluntarily delivered, a document which specifies the reasons and amount of money or value of property, and inform the judgment creditor.
If the judgment creditor does not show up to receive the money or property within 01 year from the day on which he/she is properly informed, the civil judgment enforcement authority shall expropriate it after deducting the amount of money to be paid or property to be delivered under another judgment enforcement decision.
Article 5. Civil judgment enforcement agreement
1. Where the litigants have reached an agreement before requesting enforcement or before the civil judgment enforcement authority issues a judgment enforcement decision, the agreement must be made in writing and specifies the time, location and bear the parties’ signatures or confirmations. Litigants shall voluntarily implement the agreement.
Where the judgment debtor fails to implement the agreement before expiration of the prescriptive time limit for requesting enforcement, the judgment creditor is entitled to request enforcement of the unfulfilled obligations according to the judgment.
2. Where the civil judgment enforcement authority has issued an enforcement order, the litigants are still entitled to reach an agreement. The agreement must be in writing and specify the time, location, agreement contents, time limit to execute the agreement, legal consequences for failure to implement it, and bear the involved parties’ signatures or confirmations. A litigant shall take responsibility for the agreement contents that do not violate a prohibition by law, are contrary to social morals, is impractical, affects the legitimate rights and interests of a third person or is aimed at evading enforcement fees.
If the parties fail to voluntarily implement the agreement, the civil judgment enforcement authority shall rely on the contents of the judgment enforcement decision and the result of the enforcement as agreed or the litigant’ request to enforce the judgment, except for the cases prescribed in Clause 3 of this Article.
3. Where the litigants reach an agreement to request the civil judgment enforcement authority not to implement part or all of the judgment enforcement decision, the head of the civil judgment enforcement authority shall issue a decision to suspend the implementation of part of or all of the judgment enforcement decision in accordance with Point c Clause 1 Article 50 of the Law on Civil Judgment Enforcement.
If the litigants reach an agreement to suspend the judgment enforcement after the property has been auctioned or sold to the co-owners or the judgment creditors have agreed to receive the property to deduct from the judgment enforcement money, and the property has not been delivered to them yet, the agreement must be agreed upon by the auction winner, the buyer or the recipient of the property.
After having the decision on suspension of judgment enforcement of the head of the civil judgment enforcement authority, a litigant is not entitled to request to re-enforce with the contents that have been suspended from enforcement.
4. The enforcement officer shall witness and sign the agreement at the request of the litigants in the cases specified in Clauses 2 and 3 of this Article. Such witness must take place at the head office of the civil judgment enforcement authority. With regard to any agreement on transfer of land use rights, house, property attached to land; custody of a minor; visitation or custody of minor, person having lost his/her capacity for civil acts or person incapable of working, the enforcement officer shall act as witness outside the head office of the civil judgment enforcement authority if requested by the litigants.
If it is detected that the agreement violates a prohibition by law, is contrary to social morals, is impractical, affects legitimate rights and interests of a third party or is aimed at avoiding enforcement fees, the enforcement officer shall refuse to witness it and shall clearly specify reasons for such refusal in the written agreement.”.
Article 6. Automatic issuance of judgment enforcement decision
1. The head of a civil judgment enforcement authority may issue a single decision for automatic enforcement of certain portions of a judgment, except for the following cases:
a) If a person has his/her money or property returned, a judgment enforcement decision will be issued to that person.
b) If a person has to implement multiple clauses, a single judgment enforcement decision will be issued to that person.
c) If a person has both rights and obligations at the same time, a judgment enforcement decision will be issued to that person.
2. In case of enforcement of joint rights and obligations, the head of a civil judgment enforcement authority shall issue a single decision that covers people having joint rights and obligations.
3. Other revenues for the State that are automatically collected by the judgment enforcement authority as prescribed in Point c Clause 2 Article 36 of the Law on Civil Judgment Enforcement includes: tax arrears; assistance for the State; compensations provided for the State, State agencies or the enterprises 100% of charter capital of which is held by the State in cases of infringing upon economic management order or corruption; payments made directly to the state budget.
Article 7. Issuance of judgment enforcement decisions on request
1. For each request for enforcement, the head of the civil judgment enforcement authority shall issue a judgment enforcement decision. Where there is one judgment debtor and more than one judgment creditors under a judgment and the litigants request enforcement at the same time, the head of the civil judgment enforcement authority shall issue a single judgment enforcement decision.
Where a piece of property or amount of money is to be received by more than one person under a judgment, but only one or more of them request enforcement, the head of the civil judgment enforcement shall issue a judgment enforcement decision according to the contents of the judgment.
2. Where the prescriptive time limit for requesting civil judgment enforcement does not expire after the duration of a force majeure event or objective hindrance is deducted, the head of the civil judgment enforcement authority shall issue a judgment enforcement decision. If such prescriptive time limit has expired, the civil judgment enforcement authority shall reject the request for civil judgment enforcement in accordance with Point c Clause 5 Article 31 of the Law on Civil judgment enforcement, except for the case specified in Clause 6 Article 4 of this Decree.
3. Issuance of decisions on enforcement of joint rights and obligations shall comply with Clause 2 Article 6 of this Decree.
4. The judgment enforcement authority is entitled to refuse the enforcement request for a judgment and decision that does not give rise to the litigants’ rights and obligations in accordance with Point a Clause 5 Article 31 of the Law on Civil Judgment Enforcement in case the judgment does not clearly determine the amounts payable for judgment enforcement or does not clearly identify the judgment debtors, except for the following cases:
a) Assigning the right to own, use and manage property which the judgment creditor must not directly manage and use at the time of requesting enforcement;
b) Assigning the right to nurture a minor whom the judgment creditor must not directly nurture at the time of requesting enforcement;
c) Assigning the right to visit and take care of a minor, a person who has lost his/her capacity for civil acts or a person who is incapable of working for the judgment creditor who does not directly nurture him/her.
Article 8. Civil judgment enforcement dossier
1. The judgment enforcement decision is the basis for compiling the civil judgment enforcement dossier. Each judgment enforcement decision shall have a civil judgment enforcement dossier.
Within 02 working days from the date on which he/she is assigned, the enforcement officer shall compile the civil judgment enforcement dossier.
2. The civil judgment enforcement dossier shall demonstrate the process of enforcement by the enforcement officer and contains all documents that are and have been implementing and be retained in accordance with regulations of law on archiving.
Article 9. Verifying capability of executing judgment
1. The enforcement officer shall request the judgment debtor to provide truthful and adequate information about his/her property, income, and capacity for civil judgment enforcement. The type and value of money or right to property; cash, money in account, loans and borrowings; estimated value and conditions of each type of property; periodic and irregular incomes, income payers; addresses and residences of minors in the custody of other people; capability of fulfilling the judgment execution obligations shall be declared.
The enforcement officer shall specify in the verification record whether the judgment debtor provides information about his/her property, income, and capacity for civil judgment enforcement.
If the judgment debtor fails to provide information or to provide truthful information, the enforcement officer may impose or request a competent person to impose penalties for administrative violations depending on the seriousness of violations as prescribed by law.
2. Where information about the judgment debtor’s property, residence, workplace or other information related to the civil judgment enforcement has to be verified, the head of the civil judgment enforcement authority may authorize in writing another civil judgment enforcement authority that has such information to verify.
The letter of authorization shall specify the authorized tasks and other necessary contents. The head of the judgment enforcement authority that is authorized shall be responsible for the verification result according to the authorized tasks and send a written response to the verification result to the authorized civil judgment enforcement authority within the following time limits:
a) For verification of real property or personal property that has to be registered, the verification result shall be sent within 30 days from the authorization date. Where verification of property is difficult and complicated, the time limit may be extended but not exceeding 45 days from the authorization date.
b) For verification of other property and information, the verification result shall be sent within 15 days from the authorization date.
3. Where the judgment debtor’s address and property cannot be verified while he/she has to fulfill the obligations himself/herself, the head of the civil judgment enforcement authority shall issue a decision on suspension of civil judgment enforcement. The decision on suspension of civil judgment enforcement shall specify that the enforcement is suspended according to Point b Clause 1 Article 48 of the Law on Civil Judgment Enforcement.
4. Within 05 working days from the date specified in Clause 1 Article 44a of the Law on Civil judgment enforcement, the head of the civil judgment enforcement authority shall issue decision on suspension of civil judgment enforcement.
Within 10 days from the receipt of new information about the judgment debtor’s capacity for civil judgment enforcement from a litigant or another entity, the enforcement officer shall verify such information.
If the judgment debtor is capable of civil judgment enforcement after the decision on suspension of civil judgment enforcement is issued, the civil judgment enforcement authority shall issue a decision on resumption of civil judgment enforcement.
5. The civil judgment enforcement authority shall keep a separate log of the case within 03 working days from the day on which all of the following conditions are satisfied:
a) The judgment debtor still has to serve at least 02 more years of imprisonment sentence after 02 years from the issuance date of the decision on suspension of civil judgment enforcement or the judgment debtor’s new residence cannot be found or the 1-year time limit from the issuance date of the decision on suspension of civil judgment enforcement has expired;
b) At least 02 verifications are carried out in accordance with Clause 2 Article 44 of the Law on Civil judgment enforcement;
c) There is no new information about the judgment debtor’s capacity for civil judgment enforcement.
6. The judgment enforcement without the conditions prescribed in Clause 5 of this Article shall be monitored separately. If there is any new information about the enforcement conditions of the judgment debtor, the enforcement officer shall verify and organize judgment enforcement in accordance with Clause 4 of this Article.
7. When verifying capability of executing judgment, the enforcement officer may conduct verification through the national database according to regulations of law. The verification result is one of the grounds for judgment enforcement according to regulations of Law on Civil Judgment Enforcement.
Article 10. Requesting enforcement officer replacement
1. A litigant is entitled to request replacement of the enforcement officer in the following cases:
a) The cases specified in Clause 5 Article 21 of the Law on Civil judgment enforcement;
b) The enforcement officer acted as the litigant’s or witness' defender in the same case;
c) The enforcement officer fails to carry out the enforcement on schedule;
d) The enforcement officer is found discriminatory in the performance of his/her duty.
2. A written request for replacement of the enforcement officer which specifies the reasons and basis for the replacement shall be sent to the head of the civil judgment enforcement authority. If the enforcement officer is also the head of the civil judgment enforcement authority, the request shall be sent to him/her or the head of its superior civil judgment enforcement authority.
3. Within 05 working days from the receipt of the request, the head of the civil judgment enforcement authority shall decide whether to replace the enforcement officer or reject the request and provide explanation.
Article 11. Disclosing information about judgment debtors
1. Within 05 working days from the issuance date of the decision on suspension of civil judgment enforcement, the civil judgment enforcement authority shall publish information about the judgment debtor’s name, address and obligations on the website of Department of Civil Judgment Enforcement and on the web portal of the General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice; send it to the People’s Committee of the commune where information is verified. The decision shall be openly posted for 03 months.
2. Within 03 working days from the day on which information about changes to the judgment debtor’s name, address and obligations is verified, the civil judgment enforcement authority which published the information shall rectify it.
3. Within 02 working days from the issuance date of the decision on suspension of civil judgment enforcement or written certification of the judgment debtor’s fulfillment of his/her obligations, the civil judgment enforcement authority shall remove the information from the website of Department of Civil Judgment Enforcement and on the web portal of the General Department of Civil Judgment Enforcement.
Within 02 working days from the day on which the People’s Committee of the commune receives the decision on suspension of civil judgment enforcement or written certification of the judgment debtor’s fulfillment of his/her obligations, the People’s Committee of the commune shall stop publishing such information.
4. The State shall cover the cost of publishing, updating, providing information about the judgment debtors’ incapacity for civil judgment enforcement and maintenance of the websites mentioned in Clause 1 and Clause 2 of this Article.
5. The Ministry of Justice shall provide instructions on publishing, update, management, use, and provision of information about the judgment debtors’ incapacity for civil judgment enforcement on the website of Department of Civil Judgment Enforcement and on the web portal of the General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice and development of national civil judgment enforcement database.
Article 12. Civil judgment enforcement notifications
1. The notification of judgment enforcement according to Article 40, Article 41 or Article 42 of the Law on Civil Judgment Enforcement is initial notification. If the notified person gives consent, from the subsequent notification onwards, the civil judgment enforcement authority may give notification through VneID or the website of the Department of Civil Judgment Enforcement and the web portal of the General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice. If the notified person does not give consent, from the subsequent notification onwards, the civil judgment enforcement authority shall give notification according to regulations of the Law on Civil Judgment Enforcement.
Litigants and persons having related interests and obligations shall be directly notified as follows:
a) Enforcement officers and officials in charge of civil judgment enforcement shall deliver documents to be notified to recipients;
b) Postmen, people authorized by civil judgment enforcement authorities; chiefs of neighborhoods, villages, hamlets; Chairpersons of People’s Committees of communes and chiefs of police authorities of communes; heads of agencies and units; superintendents of prisons and detention camps, heads of criminal judgment-enforcing agencies and police departments of districts shall deliver documents to be notified to recipients that reside or work in their administrative divisions or are serving imprisonment sentences in their facilities.
2. In case the notified person with related rights and obligations is absent, a notification shall be sent to their relatives in accordance with Clause 2 Article 40 of the Law on Civil Judgment Enforcement.
A notification may be sent by fax, email or another manner at the request of the litigant or person with related rights and obligations as long as it does not obstruct the civil judgment enforcement authority.
3. A litigant or person having relevant interests and duties whose address is changed shall inform the civil judgment enforcement authority. If the civil judgment enforcement authority is not informed of the new address, the previous address shall be considered valid.
4. Where a litigant or person having relevant interests and duties refuses to receive the notification, the deliverer shall issue a record which is signed by a witness and it will be considered that the notification has been validly delivered.
5. Civil judgment enforcement shall be published by means of mass media in accordance with Article 43 of the Law on Civil Judgment Enforcement and also on the website of the Department of Civil Judgment Enforcement and the web portal of the General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice.
Article 13. Application of security measures and forcible measures
1. The enforcement officer shall rely on contents of the judgment; the judgment enforcement decision; the nature, extent and obligations of the civil judgment enforcement; the judgment debtor’s capability; the litigant’s written requests and local conditions to select to apply the appropriate security measures and forcible measures.
The enforcement officer is entitled to apply security measures and forcible measures in case of implementation of a decision on application of temporary emergency measures as prescribed in Article 130 of the Law on Civil Judgment Enforcement.
The application of security measures and forcible measures must be suitable for the judgment debtor’s obligations and judgment enforcement costs in accordance with law, except for the case where the judgment debtor only has one piece of property whose value is far higher than his/her liability and such property cannot be divided or it will significantly lose its value if divided; collateral has been handled under the judgment or the case prescribed in Clause 4 Article 24 of this Decree.
If the litigants and persons who are managing, using and preserving property do not comply with the request of the enforcement officer, the enforcement officer shall, as the case may be, enforce the unlocking or opening of packages; get them evicted from their house, construction work, property attached to land or apply other necessary measures to check the condition of the property, price or auction the property or transfer the property to other individuals and organizations for preservation in accordance with law provisions.
After applying the forcible measures, if the transfer of the property fails to be made as prescribed in Article 58 of the Law on Civil Judgment Enforcement, the head of the civil judgment enforcement authority shall submit a written request to the communal People’s Committee for cooperation and assistance in preservation pending the handling of the property.
2. In the cases in which forcible measures must not be taken prescribed in the Law on Civil judgment enforcement, the civil judgment enforcement authority shall not take forcible measures for 15 days before and after lunar new year’s eve, traditional days for beneficiaries of incentive policies who are judgment debtors, and in other cases that threaten social or political order or local traditions.
3. Where necessary, the head of the civil judgment enforcement authority shall submit a report the Chairperson of the People’s Committee at the same level at least 05 days before taking forcible measures in major and/or complicated cases that affect social or political order according to Clause 1 Article 172, Clause 2 Article 173 and Clause 2 Article 174 of the Law on Civil Judgment Enforcement.
4. Where property that was given to the property recipient who signed the transfer note is re-appropriated, the civil judgment enforcement authority is not responsible for giving the property to such recipient again.
The judgment creditor is entitled to request the People’s Committee of the commune where the property is located to request the appropriator to return the property. If the appropriator fails to return the property, the judgment creditor is entitled to request a competent authority to impose administrative penalties or initiate criminal prosecution as prescribed by law.
5. Securities that are being listed or registered for trading at Stock Exchanges shall be handled as follows:
a) The enforcement officer shall issue a decision to freeze such securities and send the decision to Vietnam Securities Depository and Clearing Corporation (hereinafter referred to as “VSDC”); and another agency/organization/individual according to regulations in Article 67 of the Law on Civil Judgment Enforcement. Within 01 working day from the date of receipt of the decision from the enforcement officer, VSDC shall freeze these securities according to regulations of the law on securities and notify the civil judgment enforcement authority and depository member.
The decision to freeze securities shall contain contents, including requests for freezing securities; full name, number and issuance date of 9-digit ID card/ID card of each individual; name, number and issuance date of enterprise registration certificate or an equivalent document of each juridical person; ticker symbols and quantity of securities to be frozen.
b) The enforcement officer shall issue a decision to coercively distrain and handle securities according to regulations in clause 3 Article 71 of the Law on Civil Judgment Enforcement.
Within 05 working days from the date of receipt of the valid notification of the decision to coercively distrain and handle securities, the litigants may reach an agreement on sale of securities according to regulations of the law on securities and notify in writing the civil judgment enforcement authority of such agreement.
After this deadline, the civil judgment enforcement authority shall request in writing VSDC to transfer the distrained securities to the civil judgment enforcement authority. The civil judgment enforcement authority has rights and obligations to these securities according to regulations of law. Within 05 working days from the date of receipt of the written request from the civil judgment enforcement authority, VSDC Corporation shall transfer the securities. Within 02 working days from the date of completion of the transfer of securities, the enforcement officer shall sell them under the agreement reached by the litigants. In case the litigants fail to or cannot reach agreement, the enforcement officer shall sell the securities by matching orders at a reference price according to regulations of the law on securities.
If the decision on judgment enforcement is automatically issued, after issuance of the decision on coercive distraint, the civil judgment enforcement authority shall request in writing VSDC to transfer the distrained securities to civil judgment enforcement authority and sell them by matching orders at a reference price according to regulations of the law on securities.
6. The enforcement officer shall freeze securities that have not been listed or registered for trading and have been registered at Vietnam Securities Depository and Clearing Corporation for centralized management or securities that are being listed/registered for trading but cannot be sold according to regulations in clause 5 of this Article in accordance with Article 67 of the Law on Civil Judgment Enforcement; issue a decision to coercively distrain and handle property according to clause 3 Article 71 of the Law on Civil Judgment Enforcement. Procedures for valuation and sale of securities shall be followed according to Articles 98, 99 and 101 and other regulations of the Law on Civil Judgment Enforcement, the law on property auction and sale and relevant laws. After sale of the securities, the civil judgment enforcement authority shall request in writing VSDC to transfer the ownership of securities to the purchaser according to regulations of law.
7. The enforcement officer shall distrain and handle securities, shares and stakes other than those specified in clause 5 and clause 6 of this Article and valuable documents in accordance with Articles 71, 83, 92, 98, 99 and 101 and other regulations of the Law on Civil Judgment Enforcement, the law on property auction and sale, the law on enterprises and relevant laws. When issuing the distraint decision, the enforcement officer shall currently give written notification of the property distraint to the enterprise to which the judgment debtor contributes capital and relevant agencies and organizations in order to prevent transfer of the ownership or change the property conditions until the civil judgment enforcement authority issues a decision.
8. If the civil judgment enforcement authority implements measures to secure and coerce the judgment enforcement, corresponding to the obligations of the judgment debtor and the judgment enforcement fee according to regulations of clause 1 of this Article and the judgment debtor owns other property, the enforcement officer shall request in writing a relevant competent authority to immediately notify the civil judgment enforcement authority when there is any transaction related to the property for cooperation in handling according to regulations of law.
Article 14. Suspension of civil judgment enforcement
1. The head of a civil judgment enforcement authority shall issue a decision on suspension of civil judgment enforcement in accordance with Point a and Point b Clause 1 Article 48 of the Law on Civil Judgment Enforcement if the judgment debtors have to fulfill their obligations themselves.
2. Where the judgment debtor has property other than that specified in Point d Clause 1 Article 48 of the Law on Civil judgment enforcement, the civil judgment enforcement authority shall seize it to satisfy the judgment.
Article 15. Transfer of rights and obligations to civil judgment enforcement
1. Rights and obligations to civil judgment enforcement shall be transferred to another person in accordance with Clause 2 Article 54 of the Law on Civil Judgment Enforcement. To be specific:
a) Where the judgment debtor dies and his/her property is managed or used by another person, the property manager or user shall deliver possession of the property to the judgment creditor within 30 days from the day on which he/she is informed by the civil judgment enforcement authority. If the judgment debtor fails to do so, the civil judgment enforcement authority shall enforce the delivery of property to the judgment creditor as prescribed by law, even if forcible measures have to be taken.
b) Where a judgment debtor dies and leaves an inheritance, the inheritor or inheritance manager shall reach an agreement on fulfillment of the judgment debtor’s obligations within 30 days from the day on which he/she is informed by the civil judgment enforcement authority. If the inheritor or inheritance manager fails to reach such agreement, the civil judgment enforcement authority shall take security measures and forcible measures against the inheritance to satisfy the judgment. Relevant persons are entitled to file a lawsuit within 30 days from the day on which they are properly informed by the civil judgment enforcement authority. The civil judgment enforcement authority shall seize the property to satisfy the judgment if no lawsuit is filed by the deadline.
Where an inheritor is not identifiable, the civil judgment enforcement authority shall make an announcement through the mass media and post a notice where the property is located and at the People’s Committee of the commune where the property is located for 03 months. If the inheritance is not claimed by the expiration of such period, the civil judgment enforcement authority shall seize the property to satisfy the judgment.
2. The transfer of rights and obligations to civil judgment enforcement specified in Clause 4 Article 54 of the Law on Civil Judgment Enforcement shall comply with regulations of the Civil Code on transfer of rights and obligations, must not affect the lawful rights and interests of other organizations and individuals and shall be made into a written document bearing signatures of the transferor and transferee.
Where judgment creditor transfers part or all of his/her right to civil judgment enforcement to a third person, the third person shall become judgment creditor who is entitled to the transferred right as prescribed by the Law on Civil Judgment Enforcement. The transferor shall send a written notification of the transfer to the judgment debtor and the civil judgment enforcement authority in charge. Rights to civil judgment enforcement may be transferred without the judgment debtor’s consent, unless otherwise agreed by the parties or prescribed by law.
A judgment debtor may not transfer his/her obligations to a third person without the judgment creditor’s consent. The transferee shall voluntarily fulfill the judgment debtor’s obligations. Otherwise, security measures and forcible measures shall be taken in accordance with the Law on Civil Judgment Enforcement.
3. The decision on transfer of the rights and obligations to the judgment enforcement specified in clause 1 Article 54 of the Law on Civil Judgment Enforcement shall be issued on the basis of the decision issued by the competent authority and be conformable with the Law on Civil Judgment Enforcement and other relevant laws.
Upon transfer of the rights and obligations specified in Article 54 of the Law on Civil Judgment Enforcement, the head of the civil judgment enforcement authority shall issue a decision to revoke the judgment enforcement decision previously issued, and issue a new judgment enforcement decision, corresponding to the transferred rights and obligations and the remaining rights and obligations that have not yet been transferred (if any).
Article 16. Entrustment of judgment enforcement
1. The head of the civil judgment enforcement authority shall entrust another civil judgment enforcement authority of the administrative division where the judgment debtor’s property or head office is located, or where the judgment debtor works or resides.
2. In case judgment debtor’s property is located in more than one place, the civil judgment enforcement authority shall entrust in the following order:
a) Under the agreement of litigants;
b) Where property is sufficient to satisfy the judgment;
c) Where the most total valuable property is located.
3. In case where a judgment or decision declaring collateral for a specific payable for judgment enforcement and such property is located in another area, the civil judgment enforcement authority must entrust such payable for another civil judgment enforcement authority of the administrative division where the property is located.
In case the property is being handled for judgment enforcement but is involved in a dispute and is accepted by the court and the litigant has property in another locality, the civil judgment enforcement authority shall entrust the civil judgment enforcement authority of the administrative division where the property is located to enforce the judgment.
The entrusting judgment enforcement authority must regularly update, follow and notify the entrusted judgment enforcement authority of the dispute settlement results given by the Court for cooperation in judgment enforcement. The entrusted judgment enforcement authority shall promptly notify the process and result of handling of the property to the entrusting judgment enforcement authority for monitoring and cooperation in organization of judgment enforcement.
4. The decision on entrustment of judgment enforcement shall specify the entrusted tasks, fulfilled obligations, unfulfilled obligations and information necessary for the entrustment.
The civil judgment enforcement authority must send the entrustment decision together with the judgment; copies of records on property distraint or seizure and other relevant documents, if any. Where more than one civil judgment enforcement authority is entrusted, the enforcement officer must send the copies of the judgment and relevant documents bearing stamp of the entrusting civil judgment enforcement authority to the entrusted civil judgment enforcement authorities.
Decisions on application of the measures to secure judgment enforcement, decisions on temporary suspension of exit and other decisions on judgment enforcement related to the authorized payables shall be effective until the replacement decisions are issued by the entrusted authority.
5. Where the judgment debtor’s does not have any property, residence, job or office locally, the authorized civil judgment enforcement authority shall follow instructions in Article 44a of the Law on Civil Judgment Enforcement. Where it is determined that the judgment debtor has a residence, property, job or office in another administrative division, the civil judgment enforcement authority in charge of such administrative division shall be authorized to carry out civil judgment enforcement.
1. The enforcement officer shall organize property valuation for the judgment enforcement in case of a change to property price at the time of judgment enforcement according to Article 59 of the Law on Civil Judgment Enforcement when fully satisfying the following conditions:
a) A judgment debtor does not voluntarily transfer the property or pay the property value according to the contents of the judgment when the time limit prescribed in Clause 1 Article 5 of the Law on Civil Judgment Enforcement expires;
b) There is at least one of the litigants that requests property valuation and has already paid the advances for the property valuation;
c) At the time of judgment enforcement, the property price increases or decreases by 20% or more in comparison to the value of the property when the judgment takes legal effect.
2. The person requesting property valuation shall provide documents proving the change of property price, attached with an application for property valuation. Such documents may be the price bracket imposed by a competent authority in the locality or the popular market price of identical or similar property in the same area or actual transfer price of the property of the same kind in the locality.
Within 05 working days from the receipt of the request for property valuation and documents proving the change of property price of the litigant, the enforcement officer shall follow valuation procedures in accordance with Article 98 of the Law on Civil Judgment Enforcement. The valuation cost shall be paid by the person requesting the valuation.
3. Within 05 working days from the day on which the valuation result is given, the enforcement officer shall request the recipient of property in writing to pay the difference to the recipient of the judgment sum.
If the recipient of property fails to pay the judgment sum within 30 days from the receipt of the payment request, the enforcement officer shall issue a decision to sell the property at auction to satisfy the judgment. Late payment interest shall not be charged.
4. The property seizure cost specified in Clause 3 of this Article shall be paid by the litigants which is proportional to the amount of money or value of property they receive in accordance with regulations of law on forcible enforcement cost.
5. If the property manager fails to voluntarily transfer the property to the successful bidder, forcible measures shall be taken and the property manager shall pay the forcible enforcement cost.
Article 18. Impoundment of property and documents to satisfy judgments
1. Where necessary, the enforcement officer shall request the police or other entities to assist in impoundment of property or documents to satisfy the judgment.
2. The impoundment record shall specify the owner’s name, the type of property or documents; quantity, sizes and other features of the property or document.
In case of impoundment of money, it is required to specify the quantity, face values, currency and, if necessary, serial numbers.
In case of impoundment of valuable metals or gemstones, they must be sealed at the in the presence of the owner or his/her relatives. Where the owner or his/her relative refuses to witness the impoundment, another witness is required. The seal must specify the type, quantity, weight and other features of the property sealed, bear the signatures of the enforcement officer, the owner or his/her relative or the witness. The sealing shall be mentioned in the impoundment record.
Impounded property or documents shall be stored in accordance with Article 58 of the Law on Civil Judgment Enforcement.
3. When the impounded property or documents are returned, the enforcement officer shall request the recipient to present documents proving his/her ownership of the property or documents or a letter of authorization.
The enforcement officer shall request the recipient to check the quantity, weight, sizes and other features of the property or documents in the presence of the warehouse keeper.
The return shall be recorded in writing.
4. Civil judgment enforcement authorities shall deal with property and documents that are not received in accordance with Clause 2 through 4 Article 126 of the Law on Civil Judgment Enforcement.
From the day on which the decision on suspension of registration, transfer of right to ownership, right to enjoyment or right to make changes to property, relevant entities shall not register, transfer right to ownership, right to enjoyment or right to make changes to the property until receiving another decision on termination of the suspension from the enforcement officer.
Article 20. Freezing accounts and property
1. The decision on freezing accounts and property shall specify the amount of money in the account or value of property frozen. The enforcement officer shall give the freeze decision to the legal representative of the State Treasury, credit institution or entity managing the account or property or the document recipient of such entity, and issue a transfer note.
The transfer note shall bear the signatures of the enforcement officer and the recipient of the freeze decision. Where the recipient of the freeze decision refuses to sign it, another witness shall sign it.
The freeze decision shall, after the enforcement officer makes a freezing record as prescribed in Clause 2 Article 67 of the Law on Civil Judgment Enforcement, be immediately sent to the entity managing the account or property frozen.
2. Where the legal representative or document recipient of such entity refuses to receive the freeze decision, the enforcement officer shall issue a note of rejection which bears the signatures of a witness and post the freeze decision at their premises.
The legal representative or document recipient shall be legally responsible for such rejection and pay compensation for any damage caused.
3. The enforcement officer shall keep confidentiality of information about the account or property frozen, which might be provided by the account or property manager.
Article 21. Account garnishment
1. The garnishment decision shall contain:
a) Issuance date of the decision;
b) Basis for issuance of the decision;
c) The judgment debtor’s name and account number;
d) Name and address of the State Treasury or credit institution where the account is opened (hereinafter referred to as “garnishee”);
dd) Amount of money garnished;
e) Name and account number of the civil judgment enforcement authority which receives the garnished money;
g) Time limit for garnishment.
2. Where the judgment debtor opens multiple deposit accounts at more than one State Treasuries or credit institutions, the enforcement officer shall decide whether to garnish one or multiple accounts as long as the judgment is fully satisfied and forcible enforcement cost are fully covered.
3. Relevant garnishees shall garnish the account(s) as soon as the garnishment decision is received and pay compensation for any damage caused by their failure to comply with the garnishment decision.
Article 22. Collecting money from judgment debtor’s profit
1. The enforcement officer shall periodically collect money from the judgment debtor’s profit depending on his/her business.
The enforcement officer shall determine the amount according to business records and actual business performance of the judgment debtor.
2. The amount retained by the judgment debtor must be able to maintain the level of subsistence of the judgment debtor and his/her dependents. The subsistence level of the judgment debtor and his/her dependents shall be determined according to the local poverty standards or those established by the Prime Minister.
The minimum amount retained by the judgment debtor shall be determined by the enforcement officer according to the business line and scope, and may be adjusted.
Article 23. Collecting judgment debtor’s money or property held by a third party
1. Where there are grounds to determine that a third party is holding the judgment debtor’s money or property, the enforcement officer shall request the third party in writing to give up the money or property to satisfy the judgment.
Otherwise, security measures and forcible measures shall be taken to satisfy the judgment.
The judgment debtor shall pay for the forcible enforcement cost.
2. Where the third party fails to comply with the enforcement officer’s request and give the money or property to the judgment debtor or another person instead, the third party shall pay compensation for the judgment creditor as prescribed by law.
3. Where it is discovered that an organization or individual is paying the judgment debtor an amount of money or property which is owed to the judgment creditor according to the judgment, the enforcement officer shall request such organization or individual to deliver the amount of money or possession of property to the civil judgment enforcement authority to satisfy the judgment. Otherwise, the enforcement officer shall take forcible measures against such organization or individual to satisfy the judgment.
The forcible enforcement cost shall be paid by the entity against which the forcible measures are taken.
Article 24. Seizure of property to satisfy judgments
1. Where preventive measures, temporary emergency measures, security measures and forcible measures have been taken but there is a transaction related to such property, it shall be seized and settle to satisfy the judgment. The enforcement officer shall request the Court in writing to nullify such transaction or request a competent authority to invalidate every document concerning to the transaction related to such property.
In case there is transaction related to the property and the judgment debtor does not use the whole money from such transaction for the judgment enforcement and there is no other property, or there is another property but it is not sufficient to secure the judgment enforcement obligations, such property shall be handled as follows:
a) In case there is a transaction on property but the property ownership or use rights have not yet been transferred, the enforcement officer shall distrain and handle the property according to regulations. When distraining property, if there is any dispute, the enforcement officer shall comply with Clause 1 Article 75 of the Law on Civil Judgment Enforcement. In case it is needed to declare a transaction invalid or request a competent authority to invalidate every document concerning to the transaction, the provisions of Clause 2 Article 75 of the Law on Civil Judgment Enforcement shall be complied with.
In case there is a transaction related to the property from the date on which the judgment takes legal effect but the property ownership or use rights have been already transferred, the enforcement officer shall not distrain the property and shall comply with the provisions of Clause 2 Article 75 of the Law on Civil Judgment Enforcement and notify in writing to relevant agencies, organizations and individuals for cooperation in suspension of registration, transfer of the use right or ownership, or change the property status.
The property handling shall comply with the Court’s or competent authority's decision.
b) In case there are other transactions related to the property and the property ownership or use rights is not transferred to another person, the enforcement officer shall distrain and handle the property for the judgment enforcement. The legitimate rights and interests of persons involved in the transaction shall comply with the provisions of law on civil and other relevant laws.
2. Seizure and handling of property under joint ownership of the judgment debtor and other persons:
a) The civil judgment enforcement authority shall only seize land use right, house and other property on land if other property is not sufficient to satisfy the judgment or at the request of litigants as prescribed in Clause 4 of this Article;
b) Where the judgment debtor and other people have joint ownership of a piece of property which has been divided among them, the enforcement officer shall seize the judgment debtor’s share to satisfy the judgment accordance with Clause 2 Article 74 of the Law on Civil Judgment Enforcement. If the judgment debtor’s share cannot be determined, Clause 1 Article 74 of the Law on Civil Judgment Enforcement shall apply, except for the case specified in Point c of this Clause;
c)[30] (repealed)
3. Where it is discovered that the value of lawfully mortgaged property is equal to or smaller than the judgment debtor’s liability according to the mortgage contract, the enforcement officer shall inform the mortgagee and request the mortgagee to inform the civil judgment enforcement authority when all contractual obligations are fulfilled or when the mortgaged property is liquidated.
The civil judgment enforcement authority shall seize the property after redemption or collect the remaining amount after the property is liquidated (if any) to pay for the concluded contract.
The mortgagee shall pay compensation for his/her failure to inform or to punctually inform the judgment creditor.
4. Where the judgment debtor voluntarily gives up a specific piece of property which is sufficient to satisfy the judgment and cover relevant costs, the enforcement officer shall explain that the judgment debtor has to pay relevant costs and seize the property to satisfy the judgment. The judgment debtor shall be restricted from making transactions of other property until the judgment is fully satisfied.
5. The civil judgment enforcement authority shall only seize other property of an enterprise if the judgment is not fully satisfied after garnishing the enterprise’s account(s), seizing precious metals, gemstones and debt instruments, whether they are held by the enterprise or a third party, unless otherwise prescribed by the court judgment or agreed by the litigants.
6. Where the judgment debtor voluntarily transfers his/her property as prescribed in Point a Clause 1 Article 7a of the Law on Civil Judgment Enforcement to fulfill his/her obligations of payment, the enforcement officer shall make a record on voluntary transfer of the property. Such record serves as a basis for the enforcement officer to transfer the property under the agreement or organize valuation of the property, sell it and determine the payment order of priority. The valuation cost, liquidation cost and other necessary costs prescribed by law shall be paid by the judgment debtor.
Where the judgment debtor voluntarily hand over his/her only house but it is still not sufficient to fulfill his/her obligations of judgment enforcement and he/she is not able to lease another house or find another residence, the enforcement officer shall follow instructions in Clause 5, Article 115 of the Law on Civil Judgment Enforcement.
Article 25. Agreement on valuating body
1. Where the litigants have an agreement on a valuating body in the province where the property is located or another province, the enforcement officer shall conclude a contract with the valuating body appointed by the litigants.
2. A valuating body verifying value of seized property shall be appointed similarly.
Article 26. Valuating seized property
1. Where a service contract cannot be concluded as prescribed in Point a Clause 3 Article 98 of the Law on Civil judgment enforcement, the enforcement officer may appoint and sign a contract with a valuating body in a province other than that where the seized property is located. If such contract cannot be concluded, the enforcement officer shall consult with a finance authority at the same level or another agency in charge of management of the same kind of property about valuation of the seized property. The consultation shall be made into a record which is signed by the enforcement officer and the finance authority of specialized agency.
If the finance authority or specialized agency does not offer any opinion in writing within 15 days from the receipt of the enforcement officer’s request, the head of the civil judgment enforcement authority shall request the Chairperson of the People’s Committee at the same level to request relevant agencies to offer opinions about valuation of the seized property.
2. A piece of property is said to be of little value mentioned in Point b Clause 3 Article 98 of the Law on Civil Judgment Enforcement if at the time of valuation, the market price of an identical or similar unused piece of property of the same kind does not exceed VND 10,000,000.
Article 27. Auction of seized property
1. Where the litigants fail to reach an agreement on selection of a property auction organization, the enforcement officer shall make selection according to law on property auction.
Before the first auction of property, if the property is jointly owned by multiple owners and they wish to purchase the part of property owned by the judgment debtor at the set price, the enforcement officer shall request these owners to reach an agreement on the person holding the right to purchase the property. If an agreement cannot be reached, the enforcement officer shall select a buyer by drawing lots.
2. The value of auctioned personal property specified in Point b Clause 3 and Clause 4 Article 101 of the Law on Civil Judgment Enforcement means the value of each piece of personal property; for items of the same kind and integrated items, total value of the pieces of personal property in an auction to satisfy a judgment.
3. In an auction, if there are multiple property to be auctioned for the judgment enforcement, the civil judgment enforcement authority shall request the property auction organization to conduct the auction in descending order of the property value. If the collected amounts are enough to pay the debts and expenses according to regulations, the remaining property will not continue to be auctioned.
The purchaser of the auctioned property shall transfer the amount to the account of the civil judgment enforcement authority within 30 days from the date of successful auction and this time limit shall not be extended. If the purchaser fails to pay or fully pay the amount within the prescribed time limit, the civil judgment enforcement authority shall void the conclusion of the auctioned property purchase contract and the auctioned property purchase contract according to regulations of law or request the court to void auctioned property purchase contract according to regulations of law.
Within 60 days from the date on which the purchaser fully pays the amount, the civil judgment enforcement authority shall transfer the auctioned property to the purchaser, except for cases of force majeure events or objective hindrances. The property auction organization shall cooperate with the civil judgment enforcement authority in transferring the property to the purchaser. If any organization/individual that illegally intervenes in or obstructs the transfer, resulting in the late transfer, they shall pay compensation for any damage.
4. The civil judgment enforcement authority shall pay the amounts for judgment enforcement according to Article 47 of the Law on Civil Judgment Enforcement within 10 days from the date on which the property is transferred to the purchaser.
The civil judgment enforcement authority shall follow procedures for depositing that amount into a bank account with a term of 01 month until the property is transferred. The interest generated over the period before the property is transferred according to regulations in clause 3 of this Article shall be aggregated with the initial deposit for the judgment enforcement; the interest generated outside of the period before the property is transferred belongs to the purchaser. If the civil judgment enforcement authority implements coercive measures, the judgment debtor, the property owner or the property manager shall incur all expenses for coercive judgment enforcement according to Article 73 of the Law on Civil Judgment Enforcement; if there is any damage, they shall pay compensation according to regulations of law.
If the property cannot be transferred to the purchaser by the deadline specified in the auctioned property sale contract, the purchaser may request cancellation of the contract according to regulations of law.
5. If, after the auction, the successful bidder refuses to buy the property or had signed the sale contract but has not paid any other amount after deducting the auction costs, the deposit shall be transferred to the state budget and used to cover late payment interest, advance compensation, enforcement costs and other relevant costs.
Where the successful bidder fails to fully or punctually pay for the property under the contract, the payment shall be dealt with under the auctioned property sale contract and regulations of law on sale contract.
The civil judgment enforcement authority shall hold an auction as prescribed by law.
Article 28. Registration and issuance of Certificates of right of ownership of property
1. Where the civil judgment enforcement authority cannot revoke documents about the property as prescribed in Point e Clause 3 Article 106 of the Law on Civil judgment enforcement, written requests for invalidation of old documents and issuance of new documents shall be sent to the document issuers.
2. If the property is the right to use land, house or property attached to land granted a certificate according to regulations of law and the certificate cannot be revoked:
a) The civil judgment enforcement authority shall submit a written proposal for revocation of the certificate to the competent People's Committee specified in clause 1 Article 136 of the Land Law in case of initial issuance of the certificate or a land registration authority or its branch specified in clause 2 Article 136 of the Land Law in case the certificate is issued when procedures for registration of land-related changes or changes to the property attached to land are followed.
b) Within 25 working days from the date of receipt of the written proposal from the civil judgment enforcement authority, the competent authority mentioned in point a clause 2 of this Article shall issue a decision to revoke or cancel the issued certificate. The issuance and re-issuance of the certificate shall comply with regulations of the land law.
3. Where property is land use right and property on land that is not granted a Certificate of land user rights, house ownership and other property attached to land but eligible for one, a competent authority shall issue the Certificate of land user rights, house ownership and other property attached to land in accordance with land and housing laws.
Article 29. Transfer of intellectual property rights
Where the enforcement officer decides to transfer the intellectual property rights to another entity in accordance with the Law on Intellectual property, such transfer must comply with regulations of law on transfer of intellectual property rights.
Article 30. Valuation of intellectual property rights
1. Intellectual property rights shall be assessed in accordance with regulations of law on pricing and valuation of intellectual property rights.
2. The entity that wishes to have intellectual property rights valuated shall pay the valuation costs in accordance with Article 73 of the Law on Civil Judgment Enforcement.
Article 31. Auctioning intellectual property rights
1. The power to auction intellectual property rights:
a) An auctioneering body shall organize auctions of intellectual property rights assessed at over VND 10 million;
b) An enforcement officer shall organize auctions of intellectual property rights assessed at up to VND 10 million or in provinces where no auctioneering body is available or agrees to sign an auctioneer service contract.
2. Intellectual property rights shall be auctioned in accordance with regulations of law on property auction.
Article 32. Handling evidence and property expropriated
1. A finance authority at the same level with the civil judgment enforcement authority, the provincial finance authority or the authority keeping the evidence or property shall handle evidence and property that are expropriated in accordance with Article 124 of the Law on Civil Judgment Enforcement and regulations of law on establishment of state ownership of property and management thereof.
2. The civil judgment enforcement authority shall send a notice to and request the responsible authority to receive the evidence or property within 10 days from the day on which the notice is received.
If the evidence or property is not received by the aforementioned, the responsible authority shall pay the storage costs and incur all risks.
The transfer of expropriated evidence and property shall be carried out at the warehouse of the civil judgment enforcement authority keeping the evidence or property; the judgment enforcement is complete at the time of receipt of the evidence or property.
3. Where a competent finance authority delegates the handling of expropriated evidence or property, the civil judgment enforcement authority in charge shall follow expropriation procedures after expropriation costs are deducted and establish state ownership of the property and manage it.
Article 33. Destruction of evidence or property
1. The destruction council shall carry out destruction of evidence or property within 10 days from the day on which it is established.
2. Evidence and property may be destroyed by burning, crushing or other appropriate methods.
In case of destruction of harmful chemicals or other items that requires special equipment or expert’s participation, the enforcement officer shall sign a contract with the expert or an organization capable of destroying them in order to ensure safety and avoid environmental damage.
3. The destruction cost shall be covered by state budget.
Article 34. Application of security measures in case of entrustment of joint liability fulfillment
In case of entrustment of joint liability fulfillment, if the judgment debtor has residences or property in more than one administrative divisions and the property in one administrative division is not sufficient to satisfy the judgment, the civil judgment enforcement authority may apply security measures against relevant people and property to prevent avoidance of civil judgment enforcement.
Article 35. Implementation of temporary emergency measures
1. The head of the civil judgment enforcement authority shall authorize another civil judgment enforcement authority of the province where the judgment debtor resides or his/her property is located to take the following temporary emergency measures if the judgment debtor or his/her property moves to another province:
a) Forbid certain acts; grant custody of the minor to another organization or individual; suspend the dismissal decision;
b) Enforce provision of part of alimony; enforced provision of part of compensation for loss of life or health; enforce advance payment of salary, compensation, occupational accident or occupational disease benefits for the worker;
c) Seize the property under dispute;
d) Allow harvest and sale of farm produce or other goods.
2. The head of the civil judgment enforcement authority shall immediately issue a decision to entrust the civil judgment enforcement as soon as the basis for entrustment is available. The head of the entrusted civil judgment enforcement authority shall issue an enforcement decision and request an enforcement officer to take the measures specified in Article 130 of the Law on Civil Judgment Enforcement.
Article 36. Values of property reimbursement in case of cassation or reopening
The value of property for which the initial owner is reimbursed in case of partial or full adjustment or cancellation of a court judgment prescribed in Clause 3 Article 135 of the Law on Civil Judgment Enforcement is the market price of the property in the area at the time of reimbursement.
Article 37. Verifying result of civil judgment enforcement
1. The head of the civil judgment enforcement authority shall issue a written verification of the fulfillment of the litigants’ rights and obligations under the enforcement order at their or their relative's request.
2. The written verification shall specify the obligations and the result of civil judgment enforcement at the time of verification.
The result of civil judgment enforcement shall specify whether a litigant has partially or fully discharged his/her obligations under the enforcement order (or the obligations of each period in case of periodic obligations).
Article 38. Settlement of complaints against civil judgment enforcement
1. If a complaint is not accepted, the receiving body shall reply the complainer within 05 working days from the day on which the complaint is received. Only one reply shall be made. If the complainer encloses original documents related to the case, they shall be returned.
If the complaint also contains denunciation, they shall be processed separately according to corresponding regulations of law.
2. Where a complaint is not processed by the deadline, the head of the superior civil judgment enforcement authority shall request the inferior authority to process it, supervise it processing the complaint and take actions against irresponsibility or unreasonable delay. A case that is beyond its capacity shall be transferred to a competent authority.
3. The decision on initial settlement of complaint shall be issued by the competent person regarding an effective decision on implementation of security measures.
4. An effective decision on complaint settlement shall be reviewed in accordance with Point b Clause 4 and Point b Clause 7 Article 142 of the Law on Civil Judgment Enforcement in the following cases:
a) The decision or act complained against is illegal but the decision on complaint settlement says it is legal;
b) The complaint processing violates regulations of law on procedures for processing civil judgment enforcement complaints;
c) There is a new circumstance that basically changes the complaint settlement result.
5. Where a litigant keeps making filing complaints after a complaint is settled without giving new evidence, the person in charge of complaint settlement shall retain the complaints and inform the litigant.
6. Pursuant to Article 4 of this Decree and other relevant laws, the person having power to resolve complaints shall determine the period of occurrence of force majeure events or objective hindrances and this period shall not be included in the prescriptive period specified in clause 2 Article 140 of the Law on Civil Judgment Enforcement.
1. Regulatory bodies.
2. Political organizations, socio-political organizations and their affiliates whose operations are fully covered by state budget.
3. Public service providers established by state budget whose operations are fully covered by state budget.
4. Armed forces whose operations are fully covered by state budget.
Article 40. Conditions for state funding for satisfying judgments
A judgment debtor that is an organization may have its liability covered by state budget if the person at fault is not able to satisfy the judgment or to fully satisfy the judgment and its budget is also not sufficient to satisfy the judgment. Where the liability of an organization is caused by a law enforcement officer in the performance of his/her duty which is eligible for state compensation, regulations of law on state compensation shall apply.
Article 41. Power to decide state funding for satisfying judgments
1. Judgment debtors that are central authorities shall be funded by central government budget; Judgment debtors that are local authorities shall be funded by local government budgets; judgment debtors that are military units shall be funded by state budget.
2. The power and levels of funding shall comply with state budget laws.
Article 42. Procedures for providing funding for satisfying judgments
The judgment debtor eligible for state funding shall compile an application for state funding.
The Ministry of Justice and the Ministry of Finance shall provide instructions on documents, time limits, procedures for processing applications for state funding, cost estimation, funding provision and reimbursement.
Funding provided for satisfying judgments must not be used for other purposes.
Article 43. Forcible enforcement cost
1. Other necessary costs specified in Point c Clause 3 Article 73 of the Law on Civil Judgment Enforcement comprise:
a) Cost of meetings between the enforcement officer and relevant bodies before enforcement;
b) Forcible enforcement cost in case the seized property cannot be liquidated as prescribed in Clause 3 Article 104 of the Law on Civil judgment enforcement; the value of seized property specified in Article 90 of the Law on Civil Judgment Enforcement is equal to or smaller than the cost and liability; the seized property is no longer usable; the judgment debtor has to return or give up the property under the judgment without being able to pay the forcible enforcement cost; the judgment debtor makes a getaway or dies without leaving any property;
c) Costs of valuation and determination of property value before enforcement and necessary costs specified in Article 90 of the Law on Civil judgment enforcement;
d) Costs of impoundment of the judgment debtor’s documents without collecting money from the judgment debtor;
dd) Costs of translation and/or interpretation for foreign litigants or ethnic litigants who do not speak Vietnamese;
e) Costs of suspension of coercive judgment enforcement or completion of coercive judgment enforcement specified in points a, b, d, dd clause 1 Article 50 of the Law on Civil Judgment Enforcement;
g) Costs that are paid before the enforcement is cancelled by a competent authority.
2. Payments for participants in the forcible enforcement specified in Clause 7 Article 73:
a) Participants are the enforcement officer and other enforcement officials, police officers, militia members; representatives of the local government, social organizations, the neighborhood or village, and other forces mobilized in the enforcement;
b) Participants shall be paid in case of protection of the forcible enforcement, declaring the forcible enforcement, impoundment of property or documents, discussion about the forcible enforcement, discussion about valuation and re-valuation of property without signing a contract with an auctioneering body; direct participation in the enforcement where necessary;
3. The Ministry of Finance and the Ministry of Justice shall specify the payments and provide a mechanism for management of forcible enforcement budget.
Article 44. Exemption and reduction of forcible enforcement cost
1. The head of the civil judgment enforcement authority in charge shall consider granting exemption of reduction of forcible enforcement cost to a litigant that is a natural person may in any of the following cases:
a) The litigant’s income is not able to maintain his/her level of subsistence or the judgment debtor is facing prolonged financial difficulties because of a natural disaster or conflagration.
The level of subsistence is determined according to Clause 2 Article 22 of this Decree.
b) The litigant is a beneficiary of preferential policies or war veteran.
c) The litigant is disabled or chronically sick.
2. The litigant shall submit an application for exemption or reduction of forcible enforcement cost which specifies the reason for exemption or reduction.
A litigant facing financial difficulties shall obtain a confirmation from the People’s Committee of the commune where he/she resides or from his/her income payer. A litigant who is a beneficiary of preferential policies or war veteran shall provide supporting documents. A litigant who is disabled or chronically sick shall provide medical records confirmed by the health facility of the district or a superior health facility.
Within 05 working days from receipt of the application and enclosed documents, the civil judgment enforcement authority shall consider granting exemption or reduction of forcible enforcement cost.
3. Exemption and reduction level:
a) The litigants mentioned in Point a and c Clause 1 of this Article shall be granted 50% reduction of the forcible enforcement cost;
b) The litigants mentioned in Point b Clause 1 of this Article who have paid 50% of the forcible enforcement cost shall have the remainder exempted.
4. The person that fails to follow procedures for valuation or issues an unconformable decision on exemption or reduction of forcible enforcement cost shall reimburse state budget for the forcible enforcement cost.
The decision on exemption or reduction of forcible enforcement cost shall be revoked by the head of the civil judgment enforcement authority if it is discovered that the judgment debtor attempts to avoid the enforcement or provide untruthful information to be granted exemption or reduction of enforcement cost.
Article 45. Advance payment, estimation and statement of forcible enforcement cost
1. Payment for forcible enforcement cost shall be advanced as follows:
a) The civil judgment enforcement authority shall advance part of its budget to pay the forcible enforcement cost. The advanced amount varies according to each civil judgment enforcement authority and approved by the Ministry of Justice, the Ministry of National Defense and the Ministry of Finance.
Before forcible enforcement cost is paid by the judgment debtor or judgment creditor, the civil judgment enforcement authority shall advance funding to the enforcement officer to carry out the forcible enforcement.
b) Before the forcible enforcement is carried out, the enforcement officer shall formulate an enforcement plan or estimate forcible enforcement cost and request the head of the civil judgment enforcement authority to approve it. The forcible enforcement cost shall be estimated according to the expenditures prescribed by law and notified to the litigants before the enforcement is carried out in accordance with Article 39 through 43 of the Law on Civil Judgment Enforcement.
On the basis of the estimated forcible enforcement cost or enforcement plan, the enforcement officer shall follow procedures for advancing funding, unless the litigant voluntarily advances the money.
2. The Ministry of Finance and the Ministry of Justice shall provide guidance on advance payment, estimation and statement of forcible enforcement cost.
Article 49. Procedures for delivery of money or return of property to satisfy judgments
1. In case of payment of judgment enforcement money under the provisions of Point b Clause 2 Article 47 of the Law on Civil Judgment Enforcement, the requests made by the judgment debtors under the judgments and currently performed by such judgment enforcement authority before the date of issuance of the enforcement decision or the record of voluntary delivery of property shall be prioritized for payment.
Where many persons receive a specific piece of property or receive a sum of money under Clause 1 Article 7 of this Decree, the enforcement officer shall follow the procedures on judgment enforcement for those who have requested the judgment enforcement; organize the delivery of money and property to the persons who have made the requests or the judgment debtors present at the time of payment of money or return of property. The other judgment creditor’s rights and obligations according to such judgment shall be settled as agreed or in accordance with provisions of civil law.
2. If the money recipient is a natural person, the civil judgment enforcement authority shall request the recipient in writing to receive the money at premises of the civil judgment enforcement authority.
If the recipient does not show up to receive the money within 15 days and the amount is smaller than 01 month’s base salary prescribed by the State, the civil judgment enforcement authority shall send money to the recipient by post. If the money is returned by the post office because it is not received, it shall be dealt with in accordance with Clause 5 of this Article.
The civil judgment enforcement authority shall transfer the money if the recipient wishes to receive it by bank account.
3. If the judgment creditor is an enterprise, regulatory body, social organization or social-economic organization, the judgment sum shall be sent by wire transfer.
If the judgment creditor sends a legal representative to receive the judgment sum at the civil judgment enforcement authority before the civil judgment enforcement authority transfers the money collected, such representative may receive cash.
4. If both the judgment debtor and judgment creditor are present at the civil judgment enforcement authority at the same time, the enforcement officer may give the money or property obtained to the litigant after the enforcement fee is deducted. It is required to issue a delivery note which specifies the time, location, names of litigants, money or property delivered, signatures of litigants and the enforcement officer and a confirmation of the People’s Committee of the commune where the delivery takes place. The delivery note shall be given to the litigants, enclosed with the enforcement dossier and sent to accountants of the civil judgment enforcement authority.
5. The civil judgment enforcement authority shall send money to a bank account or a warehouse in accordance with Clause 2 Article 126 of the Law on Civil Judgment Enforcement in the following cases:
a) The recipient’s address is not determined or the money is going to expire in 15 days from the notification date, except for the case prescribed in Clause 3 of this Article in which the judgment creditor does not show up to receive it.
If the recipient shows up to receive the money or property after it is sent to a bank account or warehouse, the civil judgment enforcement authority shall give it to the recipient. The amount given to the recipient is inclusive of the deposit interest.
If the judgment creditor does not show up to receive the money or property within 05 years from the effective date of the judgment, or within 01 year from the notification date if money is collected after 05 years from the effective date of the judgment, the head of the civil judgment enforcement authority shall issue a decision on remitting to the State fund and transfer such money and property to the State budget.
b) The money or property is collected but the civil judgment enforcement is suspended to review the judgment under cassation or reopening procedures.
6. The cost of wire transfer or property storage mentioned in this Article shall be paid by the recipient.
7. In case of payment upon the property handling, if the property is distrained under a judgment for the fulfillment of a specific obligation according to clause 3 Article 47 of the Law on Civil Judgment Enforcement and there are multiple judgment creditors, but only one or some judgment creditors request the judgment enforcement, the civil judgment enforcement authority shall pay these judgment creditors (requesters) the amounts to which they are entitled and the remaining amounts shall be deposited into a bank account with a term of 01 month. At the same time, judgment creditors that have not yet requested the rights to make requests for judgment enforcement shall be notified, unless the prescriptive time limit for requesting judgment enforcement ends.
If the prescriptive time limit for requesting judgment enforcement expires and the civil judgment enforcement authority does not receive any request, the deposited amounts and interests shall be paid to the judgment creditors that have requested the judgment enforcement under such judgment/decision; the remaining amounts will be paid to judgment creditors under other judgment enforcement decisions (if any) before the date of payment or refunded to persons whose property is distrained or handled.
Article 50. Judicial assistance in civil judgment enforcement
1. The civil judgment enforcement authority of a province or military-zone judgment enforcement authority may request a foreign authority to provide judicial assistance in the process of civil judgment enforcement.
Where the civil judgment enforcement is organized by the civil judgment enforcement authority of a district, the civil judgment enforcement authority of the district shall entrust the civil judgment enforcement authority of the province to request judicial assistance.
2. Procedures for requesting judicial assistance shall comply with treaties to which Vietnam is a signatory and judicial assistance laws.
3. In case of judicial assistance request in the process of civil judgment enforcement:
a) Within 06 months from the day on which the Ministry of Justice sends a valid judicial entrustment dossier, if civil judgment enforcement authority receives sufficient results as required, it shall enforce the judgment in accordance with provisions of law.
In case of receiving the judicial entrustment results but such results fail to meet requirements, the judgment enforcement authority shall enforce the judgment for the second time. If the judicial entrustment has been conducted for the second time but the results fail to meet the requirements, the civil judgment enforcement authority shall comply with Point b of this Clause.
b) If, past the time limit prescribed in Point a of this Clause, there is no result or any notification about the failure to carry out the judicial entrustment, the notification of entrusted documents and other documents in the judgment enforcement process shall comply with Article 43 of the Law on Civil Judgment Enforcement.
c) In case of judicial entrustment concerning the return of documents related to the property and personal identities of the litigants, if the judicial entrustment is unsuccessful or the litigants do not show up to receive it, then within 10 days from the expiry date of the time limit prescribed in Point a of this Clause or from the expiry of the time limit according to the notification, the judgment enforcement authority shall follow the procedures to send them to such person. In case the recipient’s address is not identifiable, such documents shall be sent to the issuing authority or organization or the representative agency of the country where the authority or organization issuing such documents is located.
4. Provision of judicial assistance in civil judgment enforcement for foreign authorities:
a) The civil judgment enforcement authority of a province or military-zone judgment enforcement authority shall receive requests for judicial assistance from foreign authorities involved in civil judgment enforcement;
b) Procedures for provision of judicial assistance for foreign authorities shall comply with treaties to which Vietnam is a signatory and judicial assistance laws.
Article 51. Exit of judgment debtors
1. A judgment debtor that has not fulfilled his/her obligations according to the judgment shall be suspended from exit, except for the cases specified in Clause 2 of this Article.
The head of a civil judgment enforcement authority shall make a decision on exit suspension and send it to the immigration authority in one of the following cases:
a) The judgment creditor so requests;
b) There are grounds to believe that the exit affects the legitimate rights and interests of the State, organizations and individuals or to secure the judgment enforcement.
The suspension of exit, extension, lifting or cancellation of exit suspension shall comply with the law on entry and exit.
For the judgment debtor that is an organization or authority, the regulations on suspension of exit shall apply to its legal representative, unless otherwise prescribed by law. In case of receiving notification on the change of the legal representative of the organization or authority or cases prescribed in Clause 4 of this Article, the civil judgment enforcement authority shall send a document to the immigration authority for adjustment of information.
2. The judgment debtor might be exempt from suspension of exit in the following cases:
a) His/her property is sufficient to cover the liability and another person is authorized to satisfy the judgment; the authorization shall be notarized and non-cancellable.
b) Another person whose property is sufficient to cover the liability is authorized and committed to discharge the judgment debtor’s liability; the authorization shall be notarized and non-cancellable.
c) The exit is agreed by the judgment creditor;
d) The prescriptive time limit for requesting enforcement has expired without any legal basis for accepting a late request;
dd) The judgment debtor is a foreigner who commits a less serious crime and has a fatal disease or does not have property or income in Vietnam and has made a written commitment to discharge his/her liability when he/she repatriates.
The commitment must be certified by a Vietnamese diplomatic mission in his/her home country that he/she is urged to fulfill his/her obligations to make payments to the state budget as prescribed by Vietnam's laws;
e) A police authority or diplomatic mission has made a written request for permission for the judgment debtor’s exit in case he/she commits a serious, very serious or extremely serious crime and has a fatal disease or does not have property or income in Vietnam while the exit is not accepted by the judgment creditor or the judgment creditor’s address is not identifiable or the judgment creditor is a foreigner who has repatriated, or in other special cases.
3. Where the judgment debtor authorizes another person to satisfy the judgment, the civil judgment enforcement authority shall inform the authorized person of the enforcement.
Where the judgment debtor emigrates, the notification shall be sent by telegraph, fax, email or other means at the request and this must not obstruct the civil judgment enforcement authority.
4. The lifting and cancellation of exit suspension shall be carried out if the judgment is cancelled under a cassation or reopening procedures or the basis for the suspension is no longer exists or any of the cases prescribed in Clause 2 of this Article occurs.
Section 1. CIVIL JUDGMENT ENFORCEMENT MANAGING AUTHORITIES, CIVIL JUDGMENT ENFORCEMENT AUTHORITIES
Article 52. Civil judgment enforcement system
1. The civil judgment enforcement system, except for the military judgment enforcement system specified in Article 54 of this Decree, comprises:
a) At central level: The General Department of Civil Judgment Enforcement which is a civil judgment enforcement managing authority affiliated to the Ministry of Justice;
b) At provincial level: Departments of Civil Judgment Enforcement of provinces and central-affiliated cities (below collectively referred to as “Departments of Civil Judgment Enforcement”) which are civil judgment enforcement authorities affiliated to affiliated to the General Department of Civil Judgment Enforcement;
c) At district level: Sub-departments of Civil Judgment Enforcement of urban districts, rural districts, district-level towns and provincial-affiliated cities (below collectively referred to as “Sub-departments of Civil Judgment Enforcement) which are civil judgment enforcement authorities affiliated to the Department of Civil Judgment Enforcement.
2. The General Department of Civil Judgment Enforcement and other civil judgment enforcement authorities have their own juridical personality, seals bearing the national emblem, head offices and accounts.
3. The Minister of Justice shall provide for management of public officials, public employees and public employees in the civil judgment enforcement system.
1. The General Department of Civil Judgment Enforcement is an affiliate of the Ministry of Justice which assists the Minister of Finance in state management of civil judgment enforcement specified in Article 167 of the Law on Civil judgment enforcement, state management of administrative judgment enforcement in accordance with the Law on administrative procedures and relevant legislative documents.
2. The General Department of Civil Judgment Enforcement has a vertical structure. Central affiliates of the General Department of Civil Judgment Enforcement are departments and relevant agencies.
3. Functions, tasks, entitlements and organizational structure of the General Department of Civil Judgment Enforcement shall be specified by the Prime Minister.
Article 54. Military judgment enforcement system
The military judgment enforcement system comprises:
1. At the Ministry of National Defense: The Department of Civil Judgment Enforcement of the Ministry of National Defense which is a civil judgment enforcement managing authority affiliated to the Ministry of National Defense;
2. At military zones and relevant agencies: Military-zone judgment enforcement authorities and relevant agencies (below collectively referred to as “military-zone judgment enforcement authorities”) which are judgment enforcement authorities affiliated to military zones and relevant agencies.
The Department of Civil Judgment Enforcement of the Ministry of National Defense and military-zone judgment enforcement authorities have their own juridical personality, seals bearing the national emblem, head offices and accounts.
1. The Department of Civil Judgment Enforcement of the Ministry of National Defense is an affiliate of the Ministry of National Defense which assists the Minister of National Defense and the Minister of Justice in state management of military judgment enforcement in accordance with Article 168 of the Law on Civil Judgment Enforcement and relevant legislative documents.
The Department of Civil Judgment Enforcement of the Ministry of National Defense includes affiliated offices and divisions; has a Director, Deputy Directors; Heads and deputy heads of offices and divisions, enforcement inspectors, chief enforcement inspectors, senior judgment enforcement inspectors, military officials and public officials, and non-commissioned officers in charge of judgment enforcement.
2. Military-zone judgment enforcement authorities are authorities affiliated to military zones and relevant agencies which perform their duties and entitlements prescribed by law.
A military-zone judgment enforcement authority has a head of the judgment enforcement authority who is also the head, deputy head of the judgment enforcement authority who is also the deputy head, junior, intermediate and senior enforcement officers, enforcement inspectors, chief enforcement inspectors, senior judgment enforcement inspectors, judgment enforcement secretaries, military officials and public officials, and non-commissioned officers in charge of judgment enforcement.
3. The Ministry of National Defense shall provide for duties, entitlements and organizational structures of the Department of Civil Judgment Enforcement of the Ministry of National Defense and military-zone judgment enforcement authorities.
Article 56. Recruitment of enforcement officers
1. Enforcement officer candidates shall have to take an examination in accordance with regulations of Law on Civil Judgment Enforcement and officials.
2. The Ministry of Justice shall hold examinations to recruit enforcement officers and promulgate regulations on forms, procedures and contents of such examinations to recruit junior enforcement officers.
Contents and forms of examinations for promotion from junior enforcement officers to intermediate enforcement officers, and from intermediate enforcement officers to senior enforcement officers shall comply with regulations of law on officials and public employees and Law on Civil Judgment Enforcement.
3. The Minister of Justice shall issue regulations on codes, professional standards and payrolls applicable to enforcement officers at all ranks after reaching agreement with the Ministry of Home Affairs.
Article 57. Conditions for taking enforcement officer’s examination
1. The candidate satisfies all conditions applied to enforcement officers specified in Article 18 of the Law on Civil Judgment Enforcement.
2. The candidate does not face a criminal prosecution or discriminatory actions but a final conclusion or final decision issued by the competent authority and falls into other cases as prescribed by regulations of law on officials.
Article 58. Enforcement officer’s examination candidates
1. The Director of each Sub-department of Civil Judgment Enforcement shall send a list of candidates to the Director of the Department of Civil Judgment Enforcement; the head of each military-zone judgment enforcement authority shall send a list of candidates to the Director of the Department of Civil Judgment Enforcement of the Ministry of National Defense.
2. The Director of the Department of Civil Judgment Enforcement shall compile a list of its candidates and candidates of Sub-departments of Civil Judgment Enforcement; the Director of the Department of Civil Judgment Enforcement of the Ministry of National Defense shall compile a list of candidates of military-zone judgment enforcement authorities.
3. Directors and Deputy Directors of the Department of Civil Judgment Enforcement regarding the civil judgment enforcement authority; Director and Deputy Directors of the Department of Civil Judgment Enforcement of the Ministry of National Defense regarding the military-zone judgment enforcement authority shall hold qualifying tests.
4. The Ministry of Justice shall provide for conditions, qualification and documents applied to candidates who are not officials and officials in one province who take the enforcement officer’s examination in another province.
Article 59. Application for enforcement officer’s examination
1. The candidate’s application form.
2. The application form of the Director of the Department of Civil Judgment Enforcement regarding the civil judgment enforcement authority; the Director of the Department of Civil Judgment Enforcement of the Ministry of National Defense regarding the military-zone judgment enforcement authority.
Article 60. Receiving and processing applications for enforcement officer’s examination
1. The General Department of Civil Judgment Enforcement shall receive and consider applications; publish a list of qualified civil enforcement officer's examination candidates.
2. The Department of Civil Judgment Enforcement of the Ministry of National Defense shall receive and consider applications; publish a list of qualified military-zone enforcement officer's examination candidates.
Article 61. Board of examiners
1. The Minister of Justice shall make a decision on establishment of the Board of examiners at the request of the General Director of General Department of Civil Judgment Enforcement.
2. The Board of examiners shall assist the Minister of Justice in holding enforcement officer’s examinations and:
a) Publish the plan for enforcement officer’s examination; rules, subjects, examination forms; time and location of examination;
b) Organize the preparation of examination questions; establish the board of supervisors and board of graders;
c) Provide instruction and organize the examination; report the result to competent authorities for recognition;
d) Settle candidates’ complaints and denunciations.
3. Boards of examiners for intermediate enforcement officer’s examinations and senior enforcement officer’s examinations shall establish in accordance with regulations of law on officials and civil judgment enforcement.
Article 62. Designation of enforcement officers
1. The Board of examiners shall send the result to the Ministry of Justice. The General Department of Civil Judgment Enforcement shall send a consolidated report to the Minister of Justice for designation of enforcement officers as prescribed.
2. Directors of Departments of Civil Judgment Enforcement shall send their reports to the General Department of Civil Judgment Enforcement, which will later send a consolidated report to the Minister of Justice in accordance with Clause 6 and Clause 7 Article 18 of the Law on Civil Judgment Enforcement.
The Minister of Justice shall provide for applications for designation of enforcement officers mentioned in this Clause.
Article 63. Selection and designation of enforcement officers without examination
1. Enforcement officers in bordering areas, islands, extremely disadvantaged areas may be designated without examination from July 01, 2015 to June 30, 2020 inclusive if all of the following conditions are satisfied:
a) The civil judgment enforcement authority is of a district other than the chief district of the province, the region-based allowance coefficient is 0.3 or higher, the civil judgment enforcement authority is located in a bordering area, island or extremely disadvantaged area;
b) The designated person makes a written commitment to work at the aforementioned civil judgment enforcement authority for at least 05 years.
2. A list of civil judgment enforcement authorities entitled to designate enforcement officers without examination is enclosed with this Decree.
3. The Minister of Justice shall decide designation and dismissal of enforcement officers specified in Clause 1 of this Article at the request of the recruitment board.
4. The provincial recruitment board consists of a chairperson who is a Chairperson or Deputy Chairperson of the People’s Committee of the province; a deputy chairperson who is Director of a civil judgment enforcement authority of the province; members who are representatives of the Department of Internal Affairs, Department of Justice, Standing Committee of Provincial Bar Association; secretary who is the personnel department manager of the Department of Civil Judgment Enforcement. The Minister of Justice shall propose board members at the request of Chairperson of the provincial People’s Committee;
The Council shall operate on a collective basis. Meetings of the board shall be convened by the chairperson at the request of the Director of the Department of Civil Judgment Enforcement. A meeting shall only be held if it is attended by at least two thirds of the members. All decisions shall be ratified at the meetings. A decision shall be considered ratified if it is voted for by more than half of the members.
Article 64. Procedures for reassignment of enforcement officers
1. Directors of Departments of Civil Judgment Enforcement shall prepare applications for reassignment of their enforcement officers; Director of Department of Civil Judgment Enforcement of Ministry of National Defense shall prepare applications for reassignment of its enforcement officers.
2. An application for reassignment of an enforcement officer consists of:
a) An application form that contains reasons for reassignment;
b) (repealed)
c) A written request for reassignment or the enforcement officer issued by the Director of the Department of Civil Judgment Enforcement regarding the civil judgment enforcement authority or the Director of the Department of Civil Judgment Enforcement of the Ministry of National Defense regarding the military-zone judgment enforcement authority.
Article 65. Dismissal of enforcement officers
An enforcement officer may be dismissed in any of the following cases:
1. He/she commits a violation of law during the civil judgment enforcement which results in dismissal but does not result in criminal prosecution.
2. He/she commits a serious violation specified in Article 21 of the Law on Civil Judgment Enforcement which results in dismissal.
Procedures for requesting the Minister of Justice to decide dismissal of enforcement officers shall comply with regulations on disciplinary actions against officials.
Article 66. Enforcement inspectors
1. An enforcement inspector is an official who assists the head of the civil judgment enforcement managing authority, civil judgment enforcement authority, military judgment enforcement managing authority and military judgment enforcement authority in inspecting the process of judgment enforcement and perform other tasks prescribed by law.
2. Enforcement inspectors in the army are military officers and non-commissioned officers.
3. The Minister of Justice shall issue regulations on codes, professional standards and payrolls applicable to enforcement inspectors at all ranks after reaching an agreement with the Minister of Home Affairs.
Article 67. Duties and entitlements of enforcement inspectors
1. Inspect the civil judgments that were enforced and are being enforced; verify cases appealed against at the request of the head of the civil judgment enforcement authority; verify civil judgment enforcement statistics, reports, data and other relevant documents.
2. Plan and carry out or cooperate with relevant organizations in inspection and propose solutions.
3. Confer with the head of the civil judgment enforcement authority in responding to appeals by the People’s Procuracy.
4. Perform other tasks given by the head of the civil judgment enforcement authority.
Article 68. Responsibility of enforcement inspectors
1. Enforcement inspectors shall uphold the law and maintain enforcement inspector’s standards.
2. Enforcement inspector shall be responsible to the law and their chiefs for performance of their tasks.
3. An enforcement inspector must not:
a) perform any act banned by regulations of law on officials and relevant laws;
b) collude with the inspected entity and relevant persons in falsifying the inspection result;
c) carry out an inspection without a decision issued by a competent person;
d) illegally interfere with the inspection or uses his/her influence to manipulate other enforcement inspectors;
d) misuse his/her authority to commit violations of law; harass the inspected entity; harbor violators;
e) reveal information and/or documents about the inspection to other people before a conclusion is given.
4. An enforcement inspector shall not participate in an inspection that involves either his/her:
a) spouse, birth child, adopted child;
b) parent, adoptive parent, grandparents, uncle, aunt, sibling of the enforcement inspector or the enforcement inspector’s spouse; or
c) nephew or niece.
Article 69. Designation and promotion of enforcement inspectors
1. The assignment or reassignment of inspectors; contents and forms of examinations for promotion from civil judgment enforcement inspectors to chief civil judgment enforcement inspectors and from chief civil judgment enforcement inspectors to senior civil judgment enforcement inspectors shall comply with regulations of the law on officials and public employees and the Law on Civil Judgment Enforcement.
2. The Ministry of National Defense shall establish a recruitment council which proposes designation of military enforcement inspectors to the Minister of Justice.
1. Power to mobilize, reassign and second enforcement officers and enforcement inspectors
a) The Minister of Justice shall decide mobilization, reassignment and secondment of senior enforcement inspectors who are not holding managerial positions; enforcement officers and enforcement inspectors holding managerial positions within the authority of the Minister of Justice;
b) The General Director of General Department of Civil Judgment Enforcement shall decide mobilization, reassignment and secondment of enforcement officers and enforcement inspectors from one province to another; enforcement officers holding the position of Deputy Directors of Departments of Civil Judgment Enforcement, enforcement inspectors holding the position of Deputy Directors of General Department of Civil Judgment Enforcement and equivalent positions, except for the case mentioned in Point a of this Clause;
c) Directors of Departments of Civil Judgment Enforcement shall decide mobilization, reassignment and secondment of enforcement officers and enforcement inspectors in their provinces. In case of mobilization or reassignment of an enforcement officer or enforcement inspector holding a managerial position, the person who designated such managerial position shall be conferred with about the mobilization or reassignment, except for the case mentioned in Point b of this Clause.
2. Procedures for mobilization, reassignment and secondment of enforcement officers and enforcement inspectors shall comply with regulations of law on civil judgment enforcement, officials, instructions of the Ministry of Justice (and regulations of the Ministry of National Defense for military enforcement officers and enforcement inspectors).
3. The Ministry of Justice and the Ministry of Finance shall provide for allowances for reassigned and seconded persons.
Article 71. Enforcement secretaries
1. An enforcement secretary is a civil judgment enforcement official who assists a junior enforcement officer, an intermediate enforcement officer or a senior enforcement officer in following civil judgment enforcement procedures or an inspector, a chief inspector or a senior inspector in performing inspection tasks according to regulations of law.
The assignment or reassignment of enforcement secretaries; contents and forms of examinations for promotion from intermediate secretaries to enforcement secretaries shall comply with regulations of the law on officials and public employees and the Law on Civil Judgment Enforcement.
2. The Minister of Justice shall promulgate regulations on codes, professional standards and payrolls applicable to enforcement secretaries at all ranks after reaching agreement with the Ministry of Home Affairs.
3. Military enforcement secretaries in the army are military officers and non-commissioned officers. The Minister of National Defense shall establish standards, conditions and procedures for designation and dismissal or military enforcement secretaries.
1. The Director or Deputy Director of the Sub-department of Civil Judgment Enforcement must:
a) hold the position of junior enforcement officer or above;
b) have political credentials, moral senses, integrity discipline and responsibility;
c) have practical experience of civil judgment enforcement;
d) be capable of organizing performance of tasks of the Director of the Sub-department of Civil Judgment Enforcement; and
dd) satisfy other standards prescribed by law.
2. The Director or Deputy Director of the Department of Civil Judgment Enforcement must:
a) hold the position of intermediate junior enforcement officer or above;
b) have political credentials, moral senses, integrity discipline and responsibility;
c) have practical experience of civil judgment enforcement;
d) be capable of organizing performance of tasks of the Director of the Department of Civil Judgment Enforcement; and
dd) satisfy other standards prescribed by law.
3. The Minister of Justice shall decide designation, redesignation, reassignment, dismissal, resignation and demotion of Directors of Departments of Civil Judgment Enforcement.
The Minister of Justice shall delegate the power to decide designation, redesignation, reassignment, dismissal, resignation and demotion of Deputy Directors of Departments of Civil Judgment Enforcement, Directors and Deputy Directors of Sub-departments of Civil Judgment Enforcement.
4. The Minister of Justice shall elaborate Clause 1 through 3 of this Article.
5. The Minister of National Defense shall establish standards and procedures for designation, redesignation, reassignment, dismissal, resignation of Directors and Deputy Directors of military-zone judgment enforcement authorities.
Article 73. Enforcement officer’s card and enforcement inspector’s card
1. An enforcement officer or enforcement inspector shall wear an enforcement officer’s card or enforcement inspector’s card in the performance of his/her duty; the card shall be changed according to his/her rank or position and must be returned when he/she no longer holds such position. The loss of an enforcement officer’s card or enforcement inspector’s card must be reported to the nearest police authority and the civil judgment enforcement authority for which he/she works.
2. Enforcement officer’s cards and enforcement inspector’s cards shall be issued by the Ministry of Justice.
3. The Minister of Justice shall provide for the design, issuance, replacement and withdrawal of enforcement officer’s cards and enforcement inspector’s cards.
Article 74. Support instruments serving civil judgment enforcement
1. Enforcement officers of Departments and Sub-departments of Civil Judgment Enforcement shall be provided with support instruments as prescribed by law.
2. Support instruments serving civil judgment enforcement include:
a) Stun batons, rubber batons, taser gloves;
b) Pepper sprays, anaesthetic sprays;
c) Ball bearing guns, pellet guns, rubber bullet guns, pepper guns, tranquilizer guns and ammunition thereof.
Article 75. Planning and provision of support instruments serving civil judgment enforcement
1. Pursuant to Clause 2 Article 74 of this Decree, Directors of Departments of Civil Judgment Enforcement shall formulate and submit plans for provision of support instruments for their officers to General Director of General Department of Civil Judgment Enforcement for consideration and decision.
The General Director of General Department of Civil Judgment Enforcement shall decide the quantity and types of support instruments provided for civil judgment enforcement authorities.
2. The heads of civil judgment enforcement authorities shall provide support instruments for enforcement officers before the performance of their duties. It is required to make a list of support instruments provided and delivery notes.
1. The purchase, transport, repair, management and use of support instruments shall comply with regulations of law on management and use of weapons, explosive materials and support instruments.
2. The equipment, purchase, transport, repair, management of support instruments by military-zone judgment enforcement authorities shall comply with regulations the Ministry of National Defense.
Article 77. Liquidation and destruction of support instruments serving civil judgment enforcement
1. Civil judgment enforcement authorities shall inspect and classify their support instruments by quality. The Department of Civil Judgment Enforcement shall compile a list of unrepairable support instruments provided for civil judgment enforcement authorities in the province and request a competent authority to receive, classify, liquidate or destroy them.
2. The liquidation and destruction of support instruments shall comply with regulations of law on procedures, competence, and funding for collection, classification, storage, liquidation and destruction of weapons, explosive materials and support instruments.
Departments of Civil Judgment Enforcement shall report result of support instruments liquidation and destruction to Director of General Department of Civil Judgment Enforcement.
3. The liquidation and destruction of support instruments by military-zone judgment enforcement authorities shall comply with regulations the Ministry of National Defense.
1. Enforcement officers, enforcement inspectors, enforcement secretaries and other officials and people involved in civil judgment enforcement shall receive salaries, responsibility allowance and other benefits prescribed by law.
2. Junior enforcement officers, intermediate enforcement officers, senior enforcement officers, enforcement inspectors, chief enforcement inspectors and senior enforcement inspectors will be entitled to the salaries of Group 1 of Categories A1, A2 and A3 of the currently applicable salary schedule of officials and public employees working in state agencies.
Each enforcement secretary will be entitled to the salary of Category A1 of the currently applicable salary schedule of officials and public employees working in regulatory bodies. Each intermediate enforcement secretary will be entitled to the salary of Category A0 of the currently applicable salary schedule of officials and public employees working in regulatory bodies.
3. Enforcement officers, enforcement inspectors, enforcement secretaries, military public officials and employees and non-commissioned officers performing civil judgment enforcement tasks in the army shall receive responsibility allowance and other benefits.
1. Hat badge: a metal circle surrounded by double laurels, a yellow five-pointed star in the middle, two yellow rice flowers to the sides and a yellow cogwheel under the star. Above the badge is the red text “THI HÀNH ÁN” (“JUDGMENT ENFORCEMENT”).
2. Shirt badges:
a) Shoulder badge: dark blue fabric with bordeaux red edge. A five-pointed star in a circle surrounded by double laurels at one end; yellow embossed metal stars in the middle;
b) Lapel badge: metal single laurel; fabric parallelogram badge, dark blue background, a sword and shield in the middle, with or without yellow metal edge.
The use of lapel badges depends on the officer’s rank and position.
Article 80. Recipients of insignia
1. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement of General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice and other civil judgment enforcement authorities.
2. Insignia of military enforcement officers and other judgment enforcement positions in the army shall comply with regulations of the Ministry of National Defense.
Article 81. Insignia of officials and persons involved in civil judgment enforcement
1. Insignia of leaders of General Department of Civil Judgment Enforcement:
a) Insignia of General Director of General Department of Civil Judgment Enforcement: No stripes, 2 vertical yellow embossed metal stars in the middle, two crossed laurels on each shoulder badge; single yellow laurel on the lapel;
b) Insignia of Deputy Directors of General Department of Civil Judgment Enforcement are the same as the insignia described in (a) with only 1 yellow embossed metal star in the middle of each shoulder badge.
2. Insignia of leaders of affiliates of General Department of Civil Judgment Enforcement:
a) Insignia of heads of affiliates of General Department of Civil Judgment Enforcement: 2 horizontal and 2 vertical yellow embossed metal stars in the middle, 2 parallel horizontal yellow metal stripes at the end of each shoulder badge; fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle and surrounded by yellow metal edge;
b) Insignia of deputies of heads of affiliates of General Department of Civil Judgment Enforcement are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge.
3. Insignia of leaders of Departments of Civil Judgment Enforcement:
a) Shoulder badges of a Director or Deputy Directors of Department of Civil Judgment Enforcement are the same as his/her enforcement officer’s rank;
b) The insignia on the lapel of the Director or Deputy Directors of the Department of Civil Judgment Enforcement is a single yellow laurel.
4. Insignia of leaders of affiliates of Departments and Sub-departments of Civil Judgment Enforcement:
a) Shoulder badges of the head or deputy of an affiliate of the Department of Civil Judgment Enforcement are the same as his/her official’s rank;
b) Shoulder badges of a Director or Deputy Director of the Sub-department of Civil Judgment Enforcement are the same as his/her enforcement officer’s rank;
c) Insignia on the lapel of the head or deputy of an affiliate of the Department of Civil Judgment Enforcement, Director or Deputy Director of the Sub-department of Civil Judgment Enforcement is a fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle and surrounded by yellow metal edge.
5. Insignia of enforcement officers:
a) Insignia of a senior enforcement officer: 2 vertical yellow stripes, 2 vertical and 2 horizontal yellow embossed metal stars on each shoulder badge; fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle;
b) Insignia of an intermediate enforcement officer are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge.
c) Insignia of a junior enforcement officer are the same as the insignia described in (a) with only 2 yellow metal stars in the middle of each shoulder badge.
6. Insignia of enforcement inspectors, other officials and people involved in civil judgment enforcement:
a) Insignia of a senior enforcement inspector, senior specialist and the equivalent: 2 vertical and 2 horizontal yellow embossed metal stars in the middle and 2 parallel horizontal yellow stripes at the end of each shoulder badge; fabric parallelogram lapel badge with dark blue background, a yellow metal sword and shield in the middle;
b) Insignia of a chief enforcement inspector, chief specialist and the equivalent are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge;
c) Insignia of an enforcement inspector, specialist and the equivalent are the same as the insignia described in (a) with only 2 yellow embossed metal stars in the middle of each shoulder badge;
d) Insignia of other officials and people involved in civil judgment enforcement are the same as the insignia described in (a) with only 1 yellow embossed metal star in the middle and 1 horizontal yellow metal stripe at the end of each shoulder badge.
Article 82. Costumes of civil judgment enforcement officials
1. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement of General Department of Civil Judgment Enforcement and Department of Civil Judgment Enforcement of Ministry of National Defense, other civil judgment enforcement authorities and military judgment enforcement authorities shall be provided with costumes which are worn during performance of their duties as prescribed by law.
2. Civil judgment enforcement costumes comprise: Autumn and winter uniform, winter coat, winter sweater, spring and summer uniform, long-sleeved shirt, name tag, leather shoes, leather belt, leather sandals, socks, tie, raincoat, peaked cap, helmet, leather briefcase.
3. The Minister of Justice shall provide for design, colors and rules for using civil judgment enforcement costumes which are used nationwide, except for the case specified in Clause 4 of this Article.
4. Costumes of enforcement officers, enforcement inspectors, military officers and career military personnel performing civil judgment enforcement tasks in the army shall be provided in accordance with regulations of the Minister of National Defense.
Article 83. Allocation periods
1. Costume provision periods:
a) Autumn and winter uniform: 01 suit per 03 years;
b) Winter coat: 01 piece per 03 years;
c) Winter sweater: 01 piece per 03 years for officials and public employees working from Thea Thien Hue upwards and in Tay Nguyen area;
d) Spring and summer uniform: 02 suits per 02 years;
dd) Long-sleeved shirt: 01 piece per year;
e) Winter dress uniform: 01 suit per 05 years;
g) Summer dress uniform: 01 suit per 03 years;
h) Leather shoes: 01 pair per year;
i) Leather belt: 01 piece per year;
k) Leather sandals: 01 pair per year;
l) Socks: 02 pairs per year;
m) Tie: 02 pieces per 02 years;
n) Raincoat: 01 piece per year;
o) Peaked cap: 01 piece per 02 year;
p) Helmet: 01 piece per 02 years;
q) Leather briefcase: 01 piece per 02 years.
2. Allocation and use of costumes:
a) Costumes of enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement shall be allocated within the limits specified in Clause 1 of this Article. 02 suits of autumn and winter uniforms, 02 suits of spring and summer uniforms, 02 long-sleeved shirts shall be allocated for the first time;
b) Lost or damaged costumes may be replaced if the explanation is acceptable.
3. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement shall be provided with a set insignia per 03 years; 02 sets shall be provided for the first time. Insignia shall be replaced periodically. Insignia shall be replaced in case of changes to the wearer’s rank or position or loss or damage of them.Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement who are reassigned shall return their insignia to the head of the civil judgment enforcement authority where they work.
4. Depending on the demands of agencies and units and practical conditions of regions, the Ministry of Justice shall decide allocation and use of uniforms and badges in accordance with regulations of law.
TRANSITION AND IMPLEMENTATION CLAUSES
Article 84. Effect and transition clauses
1. This Decree comes into force from September 01, 2015 and replaces the Government's Decree No. 74/2009/ND-CP, Decree No. 58/2009/ND-CP and Decree No. 125/2013/ND-CP dated October 14, 2013.
2. Regarding judgments that have not completely been enforced before the effective date of this Decree but enforcement procedures have been followed in accordance with the Law on Civil Judgment Enforcement and its instructional documents, the enforcement results shall be recognized; next enforcement procedures shall be followed in accordance with this Decree.
3. Organizations and individuals having the power to organize civil judgment enforcement shall apply enforcement procedures provided for in this Decree, unless otherwise prescribed by law.
Article 85. Responsibility for implementation and provision of guidance
1. Heads of civil judgment enforcement authorities, enforcement officers, civil judgment enforcement officials, other organizations and individuals that fail to satisfy judgments, delay satisfaction of judgments, apply forcible enforcement against the law or act against civil judgment enforcement procedures shall face administrative penalties or criminal prosecution, depending on the seriousness of their violations, and pay compensation for any damage caused.
2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.
The Minister of Justice shall, within its jurisdiction, cooperate with relevant ministries and central authorities in providing guidance on implementation of articles and clauses assigned and other necessary contents of this Decree to serve state management of civil judgment enforcement./.
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CERTIFIED BY PP. THE
MINISTER |
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