Luật Thi hành án dân sự (Law on Enforcement of Civil Judgments), cơ quan Cục, Chi cục thi hành án dân sự (civil judgment enforcement agency)
Tải về Luật Thi hành án dân sự tiếng Anh: Law on Enforcement of Civil Judgments TẠI ĐÂY
Tải về Luật Thi hành án dân sự tiếng Anh: Law on Enforcement of Civil Judgments TẠI ĐÂYMột số thuật ngữ tiếng Anh trong Luật:
- Thi hành án dân sự: Civil judgment enforcement
- Cơ quan thi hành án dân sự: Civil judgment enforcement agency
- Cơ quan thi hành án dân sự: Civil judgment enforcement agency
- Tổng cục Thi hành án dân sự: Central Civil Judgment Enforcement Administration
- Cục Thi hành án dân sự: Civil judgment enforcement authorities of provinces
- Chi cục Thi hành án dân sự: Civil judgment enforcement authorities of districts
THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - Happiness
No. 26/2008/QH12 Hanoi, November 14, 2008
LAW ON ENFORCEMENT OF CIVIL JUDGMENTS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam,
which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Enforcement of Civil Judgments.
The National Assembly promulgates the Law on Enforcement of Civil Judgments.
Chapter I.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes principles, order and
procedures for enforcement of civil judgments and rulings and fines,
confiscation of assets, retrospective collection of illicitly earned money and
assets, handling of material evidence and assets, court fees and civil rulings
involved in criminal judgments and rulings, property parts of administrative
judgments and rulings of courts, decisions on settlement of competition cases
related to assets of judgment debtors by the Council for settlement of
competition cases, and awards of commercial arbitrations (below collectively
referred to as judgments and rulings); the system of civil judgment enforcement
organizations and enforcers; rights and obligations of judgment creditors and
judgment debtors, and persons with related interests and obligations; tasks and
powers of agencies, organizations and individuals in civil judgment enforcement
activities.
Article
2. Judgments and rulings
to be enforced
Judgments and rulings to be enforced under this
Law include:
1. Judgments and rulings defined in Article 1 of
this Law and having taken legal effect:
a/ Judgments and rulings or parts of judgments
and rulings of first-instance courts against which are not appealed or
protested against according to appellate procedures;
b/ Judgments and rulings of courts of appeal;
c/ Cassation or reopening trial rulings of
courts;
d/ Foreign courts’ civil judgments and rulings,
and foreign arbitral awards, which have been recognized and permitted for
enforcement in Vietnam by Vietnamese courts;
e/ Competition case settlement decisions of the
Council for settlement of competition cases, which are not voluntarily executed
by involved parties within 30 days after they take legal effect or against
which no lawsuits are initiated at court;
f/ Awards of commercial arbitrations;
2. The following judgments and rulings of
first-instance courts shall be enforced immediately though they may be appealed
or protested against:
a/ Judgments and rulings on alimony, salary or
wage payment, severance allowance, job-loss allowance, working capacity loss
allowance or compensation for loss of life or damage to health or mental harm,
or reemployment of dismissed employees;
b/ Rulings on application of provisional urgent
measures.
Article 3. Interpretation of terms
In this Law, the terms below are construed as
follows:
1. Involved parties include judgment creditor
and judgment debtor.
2. Judgment creditor means an individual, agency
or organization that enjoys rights and interests in an enforced judgment or
ruling.
3. Judgment debtor means an individual, agency
or organization that shall fulfill obligations in an enforced judgment or
ruling.
4. Person with related rights and obligations
means an individual, agency or organization that has rights and obligations
directly related to the exercise of the right and performance of the obligation
to execute a judgment by involved parties.
5. The statute of limitations for requesting
judgment enforcement means a time limit for a judgment creditor or judgment
debtor to request a civil judgment enforcement agency to organize judgment
enforcement. Past this time limit, they will no longer have the right to
request judgment enforcement under this Law.
6. To have conditions for judgment execution
means that a judgment debtor has assets and incomes for fulfilling his/her property
obligation, and performs the judgment-executing obligation by himself/herself
or through another person.
7. Judgment enforcement charge means a sum of
money payable by a judgment creditor upon receipt of money and assets under a
judgment or ruling.
8. Expenses for coercive judgment enforcement
means expenses for organizing coercive enforcement to be borne by the judgment
debtor, unless it is prescribed by law that these expenses shall be paid by the
judgment creditor or covered by the state budget.
Article 4. Assurance of effect of judgments and
rulings
Judgments and rulings defined in Article 2 of
this Law shall be respected by agencies, organizations and all citizens.
Concerned individuals, agencies and
organizations shall, within the ambit of their respective responsibilities,
strictly abide by judgments and rulings and take responsibility before law for
the enforcement thereof.
Article 5. Assurance of rights and legitimate
interests of involved parties and persons with related rights and obligations
In the course of judgment enforcement, rights
and legitimate interests of involved parties and persons with related rights
and obligations shall be respected and protected by law.
Article 6. Judgment enforcement agreements
1. Involved parties may reach agreement on
judgment enforcement, provided that agreement does not violate prohibitions
prescribed by law and is not contrary to social morality. Outcomes of judgment
enforcement under agreements will be recognized.
At the request of involved parties, enforcers
shall witness the judgment enforcement agreement.
2. In case involved parties fail to strictly
comply with their agreement, they may request a civil judgment enforcement
agency to perform the unperformed part of their obligations under the judgment
or ruling.
Article 7. Right to request judgment enforcement
Judgment creditors and judgment debtors may base
themselves on judgments or rulings to request civil judgment enforcement
agencies to organize the judgment enforcement.
Article 8. Spoken and written languages in civil
judgment enforcement
1. The spoken and written language officially
used in civil judgment enforcement is Vietnamese.
Involved parties may use spoken and written
languages of their nationalities but must have an interpreter. For involved
parties who are ethnic minority people and do not speak Vietnamese, civil
judgment enforcement agencies shall employ an interpreter.
2. Interpreters shall interpret or translate
speeches or writings by involved parties in a verbatim, truthful and objective
manner and shall be held responsible before law for intentionally incorrect
interpretation or translation.
Article 9. Voluntary execution and coercive
enforcement of judgments
1. The State encourages involved parties to
voluntarily execute judgments.
2. Judgment debtors who have conditions for
judgment execution but fail to voluntarily execute judgments will be subject to
coercive enforcement of judgments under this Law.
Article 10. Responsibility to pay compensations for
damage
Agencies, organizations and individuals that
violate this Law and cause damage shall pay compensations therefor under law.
Article 11. Responsibility of agencies, organizations
and individuals to collaborate with civil judgment enforcement agencies and
enforcers
1. Within the ambit of their tasks, powers and
duties, agencies, organizations and individuals shall collaborate with civil
judgment enforcement agencies in enforcing judgments.
2. Concerned agencies, organizations and
individuals shall comply with requests of civil judgment enforcement agencies
and enforcers under this Law.
All acts of obstructing or illegally intervening
in activities of civil judgment enforcement agencies or enforcers shall be
handled under law.
Article 12. Supervision and inspection of judgment
enforcement
1. The National Assembly, People’s Councils and
the Vietnam Fatherland Front shall supervise the operation of civil judgment
enforcement agencies and other state agencies in enforcing civil judgments
under law.
2. People’s procuracies at all levels shall,
within the ambit of their tasks and powers, inspect the observance of judgment
enforcement law by civil judgment enforcement agencies, enforcers and agencies,
organizations and individuals involved in judgment enforcement in order to ensure
judgment enforcement is conducted in a prompt, adequate and lawful manner.
Chapter II.
THE ORGANIZATIONAL SYSTEM OF CIVIL JUDGMENT ENFORCEMENT AGENCIES
AND ENFORCERS
Article 13. The organizational system of civil
judgment enforcement agencies
The organizational system of civil judgment
enforcement agencies consists of:
1. Civil judgment enforcement management
agencies:
a/ The civil judgment enforcement management
agency of the Justice Ministry;
b/ The civil judgment enforcement management
agency of the Defense Ministry.
2. Civil judgment enforcement agencies:
a/ Civil judgment enforcement agencies of
provinces and centrally run cities (below collectively referred to as
provincial-level civil judgment enforcement agencies);
b/ Civil judgment enforcement agencies of rural
districts, urban districts, towns or provincial cities (below collectively
referred to as district-level civil judgment enforcement agencies);
c/ Judgment enforcement agencies of military
zones or equivalent levels (below collectively referred to as military
zone-level judgment enforcement agencies).
The Government shall specify tasks and powers of
civil judgment enforcement management agencies; and names and specific
organizational structures of civil judgment enforcement agencies.
Article
14. Tasks and powers of
provincial-level civil judgment enforcement agencies
1. To manage and direct civil judgment
enforcement in their respective provinces or centrally run cities, covering:
a/ Assuring the uniform application of law on
civil judgment enforcement;
b/ Directing civil judgment enforcement
activities of district-level civil judgment enforcement agencies; providing
professional guidance on civil judgment enforcement to enforcers and other
civil servants of civil judgment enforcement agencies in their localities;
c/ Inspecting civil judgment enforcement
activities of district-level civil judgment enforcement agencies;
d/ Reviewing the practical civil judgment
enforcement work; making statistics and reports on civil judgment enforcement
work under the guidance of the civil judgment enforcement management agency of
the Justice Ministry.
2. To directly organize enforcement of judgments
and rulings under Article 35 of this Law
3. To compile dossiers of request for exemption
from or reduction of the obligation to execute civil judgments; to coordinate
with police offices in compiling dossiers of request for remission or
commutation of imprisonment sentences and amnesty for persons obliged to
execute civil judgments who are serving imprisonment sentences.
4. To settle complaints and denunciations about
civil judgment enforcement under their competence under this Law.
5. To manage civil servants, material
foundations, funding sources and equipment for operation of local civil
judgment enforcement agencies under the guidance and direction of the civil
judgment enforcement management agency of the Justice Ministry.
6. To assist provincial-level People’s
Committees in performing their responsibilities and exercising their powers
under Clauses 1 and 2, Article 173 of this Law.
7. To report on civil judgment enforcement to
provincial-level People’s Councils upon request.
Article
15. Tasks and
powers of military zone-level judgment enforcement agencies upon request.
1. To directly organize the enforcement of
judgments and rulings under Article 35 of this Law.
2. To review the practical civil judgment
enforcement work according to their competence; making statistics and reports
on civil judgment enforcement work under the guidance of the judgment
enforcement management agency of the Defense Ministry.
3. To settle complaints and denunciations about
judgment enforcement under their competence under this Law.
4. To coordinate with functional agencies of
military zones in managing cadres, material foundations, funding sources and
equipment for operation of military zone-level civil judgment enforcement
agencies under the guidance and direction of the judgment enforcement
management agency of the Defense Ministry.
5. To compile dossiers of request for exemption
from or reduction of the obligation to execute civil judgments; to coordinate
with the imprisonment sentence enforcement agency in the Army in compiling
dossiers of request for remission or commutation of imprisonment sentences and
amnesty for persons obliged to execute civil judgments who are serving
imprisonment sentences.
6. To assist commanders of military zones and
equivalent levels in performing their tasks and exercising their powers
specified in Clause 1, Article 172 of this Law.
Article
16. Tasks and powers of
district-level civil judgment enforcement agencies
1. To directly organize the enforcement of
judgments and rulings under Article 35 of this Law.
2. To settle complaints and denunciations about
civil judgment enforcement under their competence under this Law.
3. To manage civil servants, material
foundations, funding sources and equipment assigned to them for operation under
the guidance and direction of provincial-level civil judgment enforcement
agencies.
4. To make statistics and reports on civil
judgment enforcement work under law and the guidance of provincial-level civil
judgment enforcement agencies.
5. To compile dossiers of request for exemption
from or reduction of the obligation to execute civil judgments.
6. To assist district-level People’s Committees
in performing their tasks and exercising their powers under Clauses 1 and 2,
Article 174 of this Law.
7. To report on civil judgment enforcement to
People’s Councils when so requested.
Article
17. Enforcers
1. Enforcers are persons tasked by the State to
enforce judgments and rulings prescribed in Article 2 of this Law. Enforcers
have three ranks: junior enforcer, intermediate-level enforcer and senior
enforcer.
2. Enforcers shall be appointed by the Justice
Minister.
3. The Government shall specify the order of and
procedures for selection examination and appointment of enforcers.
Article
18. Criteria for
appointment of enforcers
1. Vietnamese citizens who are loyal to the
Fatherland, honest, non-corruptible, possess good ethical quality and a law
bachelor or higher degree, and have good health to fulfill assigned tasks may
be appointed as enforcers.
2. Persons who fully satisfy the criteria
specified in Clause 1 of this Article, and the following conditions may be
appointed as junior enforcers:
a/ Having been engaged in legal work for 3 years
or more;
b/ Having been trained in civil judgment
enforcement profession;
c/ Passing the examination for selection of
junior enforcers.
3. Persons who fully satisfy the criteria
specified in Clause 1 of this Article, and the following conditions may be
appointed as intermediate-level enforcers:
a/ Having worked as junior enforcers for 5 years
or more;
b/ Passing the examination for selection of
intermediate-level enforcers.
4. Persons who fully satisfy the criteria
specified in Clause 1 of this Article, and the following conditions may be
appointed as senior enforcers:
a/ Having worked as intermediate-level enforcers
for 5 years or more;
b/ Passing the examination for selection of
senior enforcers.
5. Persons who fully satisfy the criteria
specified in Clause 2 of this Article and are army officers in active service
may be appointed as military enforcers.
Criteria for persons to be appointed as military
junior enforcers, intermediate-level enforcers and senior enforcers are as
specified in Clauses 2, 3 and 4 of this Article.
6. Incumbent judges, procurators and
investigators who are transferred to civil judgment enforcement agencies may be
appointed as enforcers of equivalent ranks without having to take examination.
7. In special cases specified by the Government,
persons who fully satisfy the criteria specified in Clause 1 of this Article
and have been engaged in legal work for 10 years or more or 15 years or more
may be appointed as intermediate-level or senior enforcers, respectively.
Article
19. Relief from duty of
enforcers
1. Enforcers will be automatically relieved from
duty in case they retire or are transferred to other agencies.
2. The Justice Minister shall consider and
decide on relief from duty of enforcers in the following cases:
a/ They are unable to fulfill their tasks due to
family circumstances or poor health;
b/ Their professional qualifications and
capacity are insufficient for fulfilling their tasks or they no longer satisfy
the criteria for enforcers for other reasons.
3. The Government shall specify the order of and
procedures for relief from duty of enforcers.
Article
20. Tasks and powers of
enforcers
1. To promptly organize the enforcement of
judgments or rulings assigned to them; to issue judgment enforcement decisions
according to their competence.
2. To strictly enforce contents of judgments or
rulings; to correctly apply legal provisions on the order of and procedures for
judgment enforcement, ensuring the interests of the State and the rights and
legitimate interests of involved parties and persons with related interests and
obligations; and to strictly observe regulations on standard professional
ethics of enforcers.
3. To summon involved parties and persons with
related interests and obligations for judgment enforcement.
4. To verify assets and judgment execution
conditions of judgment debtors; to request concerned agencies, organizations
and individuals to supply documents for the verification of addresses and
assets of judgment debtors or coordinate with concerned agencies in handling
material evidence, assets and other matters related to judgment enforcement.
5. To decide on the application of measures to
secure judgment enforcement and coercive measures to enforce judgments; to work
out plans on coercive judgment enforcement; and to confiscate assets for
judgment enforcement.
6. To request under law police offices to detain
persons resisting the judgment enforcement.
7. To make written records of violations of the
law on judgment enforcement; to impose administrative sanctions according to
their competence; to propose competent agencies to discipline or
administratively sanction violators or examine violators for penal liability.
8. To decide on the application of coercive
measures to recover money and assets already paid to involved parties in
contravention of law, collect judgment enforcement charges and other amounts
payable by involved parties.
9. To use support tools while on duty under the
Governments regulations.
10. To perform other tasks assigned by heads of
judgment enforcement agencies.
When performing their tasks or exercising their
powers, enforcers shall comply with law and take responsibility before law for
judgment enforcement and have their lives, health, honor, dignity and prestige
protected by law.
Article
21. Prohibitions on
enforcers
1. Prohibitions on civil servants as prescribed
by law.
2. Providing advice to involved parties and
persons with related interests and obligations, leading to unlawful judgment
enforcement.
3. Illegally intervening in the handling of
cases subject to judgment enforcement or abusing one’s influence to affect
persons responsible for judgment enforcement.
4. Illegally using material evidence, money and
assets involved in judgment enforcement.
5. Enforcing judgments related to their own
rights and interests and those of the following persons:
a/ Their spouses, blood children or adopted
children;
b/ Their blood parents, adoptive parents,
paternal or maternal grandparents, uncles, aunts, and blood siblings or those
of their spouses;
c/ Nephews and nieces whose blood parents are
their blood siblings.
6. Using their enforcer cards, uniforms and
badges or support tools in conducting activities beyond their assigned tasks
and vested powers.
7. Harassing or troubling individuals, agencies
or organizations in the course of judgment enforcement.
8. Intentionally enforcing judgments or rulings
in violation of their contents; delaying or prolonging the enforcement of
judgments assigned to them without adequate legal grounds.
Article
22. Heads and deputy
heads of civil judgment enforcement agencies
1. Heads and deputy heads of civil judgment
enforcement agencies shall be appointed among enforcers and relieved from duty
by the Justice Minister. Heads and deputy heads of judgment enforcement
agencies in the Army shall be appointed and relieved from duty by the Defense
Minister.
2. The Government shall specify criteria, order
and procedures for appointing and relieving from duty heads and deputy heads of
civil judgment enforcement agencies and judgment enforcement agencies in the
Army.
Article
23. Tasks and powers of
heads and deputy heads of civil judgment enforcement agencies
1. Heads of civil judgment enforcement agencies
have the following tasks and powers:
a/ To issue judgment enforcement decisions
according to their competence;
b/ To manage and direct judgment enforcement
activities of civil judgment enforcement agencies;
c/ To request agencies, organizations and
individuals to collaborate in organizing judgment enforcement;
d/ To request agencies which have made judgments
or rulings to be enforced to explain in writing unclear or impractical points
in these judgments or rulings for enforcement;
e/ To propose competent persons to make protests
according to cassation or reopening procedures against judgments or rulings
under law;
f/ To respond to recommendations or protests of
procuracies; to settle complaints and denunciations about judgment enforcement
or sanction administrative violations according to their competence; and to
request competent state agencies to discipline or sanction administrative
violators or examine violators for penal liability;
g/ To perform the tasks and exercise the powers
of enforcers;
h/ To report and make statistics on judgment
enforcement;
i/ Heads of provincial-level civil judgment
enforcement agencies may transfer or professionally guide enforcers and civil
servants of their agencies or district-level civil judgment enforcement
agencies in their localities or direct and inspect their judgment enforcement
activities and other jobs under the guidance and direction of the civil
judgment enforcement agency of the Justice Ministry.
2. Deputy heads of judgment enforcement agencies
shall perform tasks and exercise powers as assigned or authorized by heads of
these agencies and be held accountable for assigned jobs.
Article
24. State payrolls,
funding and material foundations of civil judgment enforcement agencies
The State shall assure payrolls, funding,
working offices and support tools, information technology and other necessary
means and equipment for civil judgment enforcement agencies.
Article
25. Uniform, badges and
entitlements of civil servants engaged in civil judgment enforcement
Enforcers, verifiers and other civil servants
engaged in civil judgment enforcement will be provided with uniforms and badges
to wear while on duty, enjoy salaries and allowances suitable to their
professions and other preferential entitlements under the Government’s regulations.
Chapter III.
CIVIL JUDGMENT ENFORCEMENT PROCEDURES
Article 26. Guidance on the right to request civil judgment
enforcement
Upon making judgments, rulings or awards,
courts, the Council for Handling of Competition Cases and commercial
arbitrations shall explain to involved parties about the contents of, and at
the same time clearly state in, these judgments, rulings or awards the right to
request enforcement and the statute of limitations for filing such request.
Article
27. Handover of judgments
and rulings
Courts, the Council for Handling of Competition
Cases and commercial arbitrations that have made judgments, rulings and awards
defined in Article 2 of this Law shall hand over to involved parties these
judgments, rulings and awards written with the phrase “For enforcement.”
Article 28. Sending of judgments and rulings
1. For judgments and rulings defined at Points
a, b, c and d, Clause 1, Article 2 of this Law, within 30 days after these
judgments and rulings take legal effect, courts that have made them shall send
them to competent civil judgment enforcement agencies.
2. For judgments and rulings to be enforced
under Point a, Clause 2, Article 2 of this Law, within 15 days after making
these judgments and rulings, courts shall send them to civil judgment
enforcement agencies.
3. For rulings on application of provisional
urgent measures, immediately after making them, courts shall send them to civil
judgment enforcement agencies.
4. In case competent agencies have distrained or
temporarily held assets, or seized material evidence or other documents related
to the judgment enforcement, when sending judgments or rulings to civil
judgment enforcement agencies, courts shall enclose copies of written records
of distraint or temporary holding of assets or seizure of material evidence or
other related documents.
Article
29. Procedures
for receiving judgments and rulings
Upon receiving a judgment or ruling from a
court, the civil judgment enforcement agency shall check it and record it in a
book.
A judgment and ruling record book must clearly
indicate ordinal numbers and dates of receipt of judgments and rulings as well
as their numbers and dates, and names of issuing courts; full names and
addresses of involved parties and titles of other related documents.
The in-person delivery and receipt of a judgment
or ruling must be certified by signatures of the deliverer and recipient. In
case a judgment, ruling or related document is sent by post, the civil judgment
enforcement agency shall notify in writing the sending court of the receipt.
Article
30. Statute of
limitations for requesting judgment enforcement
1. Within 5 years after a judgment or ruling
takes legal effect, the judgment creditor and judgment debtor may request a
competent civil judgment enforcement agency to issue a judgment enforcement
decision.
In case a time limit for fulfilling an
obligation is set in the judgment or ruling, the 5-year statute of limitations
will be counted from the date the obligation is due.
For judgments and rulings subject to periodical
enforcement, the 5-year statute of limitations will apply to each period and be
counted from the date the obligation is due.
2. In case of postponement or suspension of
judgment enforcement under this Law, the postponement or suspension duration
will not be counted into the statute of limitations for requesting judgment
enforcement, unless judgment creditors agree to allow judgment debtors to
postpone the judgment enforcement.
3. In case the judgment enforcement requesters
can prove that he/she is unable to request judgment enforcement within the set
time limit due to an objective obstacle or a force majeure circumstance, the
duration when these objective obstacles or force majeure circumstance exists
will not be counted into the statute of limitations for requesting judgment
enforcement.
Article
31. Written requests for
judgment enforcement
1. A written request for judgment enforcement
contains the following principal details:
a/ Full name and address of the requester;
b/ Name of the civil judgment enforcement agency
requested to enforce the judgment;
c/ Full names and addresses of the judgment
creditor and judgment debtor;
d/ Contents of the judgment requested to be
enforced;
e/ Information on assets or judgment execution
conditions of the judgment debtor.
2. The judgment enforcement requester shall
clearly write the date of making the request and give his/her signature or
fingerprint. For a legal entity, its written request must be appended the
signature of its lawful representative and its seal.
In case the judgment enforcement requester makes
his/her request orally at the civil judgment enforcement agency, a written
record shall be made to record the detail specified in Clause 1 of this Article
and bear the signature or fingerprint of the requester and the signature of the
record maker. These written records are as valid as written requests for
judgment enforcement.
Enclosed with the written request for judgment
enforcement must be the judgment or ruling requested to be enforced and other
related documents, if any.
3. Judgment enforcement requesters may request
civil judgment enforcement agencies to apply measures to secure judgment
enforcement specified in Article 66 of this Law.
Article
32. Procedures for
sending written requests for judgment enforcement
1. The judgment enforcement requester may
directly request or authorize another person to request judgment enforcement in
either of the following ways:
a/ Filing a written request with or make an oral
request at the civil judgment enforcement agency;
b/ Sending a written request by post.
2. The date of sending a written request for
judgment enforcement is the date the judgment enforcement requester files the
written request or makes an oral request at the civil judgment enforcement
agency or the date of the postmark affixed by the sending post office.
Article
33. Receipt of written
requests for judgment enforcement
1. Upon receiving a written request for judgment
enforcement, the civil judgment enforcement agency shall check the details of
the request and enclosed documents, record it in the judgment enforcement
request book and issue a receipt to the request filer.
2. A judgment enforcement request book must
fully show the following details:
a/ Date of receipt of the request;
b/ Number and date of issuance of the judgment
or ruling; name of the issuing agency;
c/ Full name and address of the requester;
d/ Full names and addresses of the judgment
debtor and judgment creditor;
e/ Judgment contents requested to be enforced;
f/ Other enclosed documents.
Article
34. Rejection of written requests for judgment enforcement
1. Civil judgment enforcement agencies may
reject written requests for judgment enforcement in the following cases:
a/ The judgment enforcement requester has no
right to request judgment enforcement or the contents of the written request
for judgment enforcement are irrelevant to the contents of the judgment or
ruling;
b/ The civil judgment enforcement agency
requested to enforce the judgment is incompetent to do so;
c/ The statute of limitations for requesting
judgment enforcement has expired.
2. Civil judgment enforcement agencies that
reject written requests for judgment enforcement shall notify the request
filers thereof.
Article
35. Competence to enforce
judgments
1. District-level civil judgment enforcement
agencies are competent to enforce the following judgments and rulings:
a/ First-instance judgments and rulings of
district-level courts of localities where civil judgment enforcement agencies
are located;
b/ Appellate judgments and rulings of
provincial-level courts over first-instance judgments and rulings of
district-level courts of localities where civil judgment enforcement agencies
are located;
c/ Cassation or re-opening rulings of
provincial-level courts over judgments and rulings, which have taken legal
effect, of district-level courts of localities where district-level civil
judgment enforcement agencies are located;
d/ Judgments and rulings entrusted by
district-level civil judgment enforcement agencies of other localities,
provincial-level or military zone-level civil judgment enforcement agencies.
2. Provincial-level civil judgment enforcement
agencies are competent to enforce the following judgments and rulings:
a/ First-instance judgments and rulings of
provincial-level courts of the same localities;
b/ Judgments and rulings transferred by the
Supreme People’s Court to them;
c/ Judgments and rulings of foreign courts,
awards of foreign arbitrations recognized by Vietnamese courts for enforcement
in Vietnam;
d/ Awards of commercial arbitrations;
e/ Decisions on handling of competition cases
issued by the Council for Handling of Competition Cases;
f/ Judgments and rulings entrusted by civil
judgment enforcement agencies of other localities or military zone-level
judgment enforcement agencies;
g/ Judgments and rulings falling under the
enforcing competence of district-level civil judgment enforcement agencies
defined in Clause 1 of this Article they pick up for enforcement when finding
it necessary;
h/ Judgments and rulings defined in Clause 1 of
this Article with involved parties residing or assets located overseas or which
require judicial mandate for enforcement.
3. Military zone-level judgment enforcement
agencies are competent to enforce the following judgments and rulings:
a/ Rulings on fines, confiscation of assets,
retrospective collection of illicitly earned money and assets, handling of
material evidence and assets, court fees and civil rulings in criminal
judgments and rulings of military zone-level military tribunals or equivalent
courts in their localities;
b/ Rulings on fines, confiscation of assets,
retrospective collection of illicitly earned money and assets, handling of
material evidence and assets, court fees and civil rulings in criminal
judgments and rulings of regional military tribunals in their localities;
c/ Rulings on fines, confiscation of assets,
handling of material evidence and assets, retrospective collection of illicitly
earned money and assets, court fees and civil rulings in criminal judgments and
rulings transferred by the central military tribunal to military zone-level
judgment enforcement agencies;
d/ Civil judgments and rulings transferred by
the Supreme People’s Court to military zone-level judgment enforcement
agencies;
e/ Judgments and rulings entrusted by
provincial-level, district-level or military zone-level civil judgment
enforcement agencies for enforcement.
Article
36. Issuance of judgment
enforcement decisions
1. Heads of civil judgment enforcement agencies
may issue at their own will decisions to enforce the following parts of
judgments and rulings:
a/ Fines, retrospective collection of illicitly
earned money and assets; court fees;
b/ Refund of money and assets to involved
parties;
c/ Confiscation into the state budget or destruction
of material evidence and assets;
d/ Recovery of the right to use land and other
assets subject to remittance into the state budget;
e/ Decision on application of provisional urgent
measures.
Within 5 working days after receiving judgments
and rulings, heads of civil judgment enforcement agencies shall issue judgment
enforcement decisions.
Within 24 hours after receiving decisions on
application of provisional urgent measures transferred by courts or handed
directly by involved parties, heads of civil judgment enforcement agencies
shall issue judgment enforcement decisions and assign enforcers to organize the
enforcement.
2. In addition to the cases specified in Clause
1 of this Article, heads of civil judgment enforcement agencies may issue
judgment enforcement decisions only when receiving written requests for
judgment enforcement.
The time limit for issuing judgment enforcement
decisions is 5 working days after receiving written requests for judgment
enforcement.
3. Within 2 working days after issuing judgment
enforcement decisions, heads of civil judgment enforcement agencies shall
assign enforcers to organize the implementation of these decisions.
Article
37. Revocation,
amendment, supplementation and cancellation of judgment enforcement decisions
1. Persons competent to issue judgment
enforcement decisions shall issue decisions to revoke judgment enforcement
decisions in the following cases:
a/ The judgment enforcement decision has been
issued ultra vires;
b/ The judgment enforcement decision contains
errors which may change the contents of the case subject to judgment
enforcement;
c/ The ground for issuance of the judgment
enforcement decision no longer exists;
d/ Cases specified in Clause 3, Article 54 of
this Law.
2. Persons competent to issue judgment
enforcement decisions and persons competent to settle complaints may issue
decisions amending and supplementing or requesting amendments and
supplementations to judgment enforcement decisions in case the latter contain
errors which do not change the contents of cases subject to judgment
enforcement.
3. Persons competent to issue judgment
enforcement decisions and persons competent to settle complaints may issue
decisions on cancellation or request cancellation of judgment enforcement
decisions of heads of lower-level civil judgment enforcement agencies or
enforcers directly under their management in the following cases:
a/ They detect that the cases specified in
Clauses 1 and 2 of this Article are not remedied by heads of lower-level civil
judgment enforcement agencies or enforcers under their direct management after
being so requested;
b/ Judgment enforcement decisions are unlawful
as concluded by competent agencies.
4. Decisions on revocation, amendment,
supplementation or cancellation of judgment enforcement decisions must clearly
state grounds for, contents and legal consequences of the revocation,
amendment, supplementation or cancellation.
Article
38. Sending of judgment
enforcement decisions
Judgment enforcement decisions shall be sent to
procuracies at the same level.
Decisions on coercive judgment enforcement shall
be sent to People’s Committees of communes, wards or townships (below
collectively referred to as commune-level People’s Committees) where coercive
judgment enforcement is organized or to agencies or organizations related to
the implementation of these decisions.
Article
39. Notification of
judgment enforcement
1. Judgment enforcement decisions, notices,
summons and other documents related to judgment enforcement must be notified to
involved parties and persons with related rights and obligations for them to
exercise their rights and perform their obligations according to the contents
of these documents.
2. The notification shall be made within 3
working days after the issuance of any of the above documents, unless it is
necessary to prevent involved parties from dispersing or destroying assets or
shirking the judgment enforcement.
3. The notification shall be made in the
following forms:
a/ Notices handed directly or sent through other
agencies, organizations or individuals under law;
b/ Publicly posted notices;
c/ Announcements on the mass media.
4. Notification expenses shall be borne by
judgment debtors, unless it is prescribed by law that these expenses are
covered by the state budget or paid by judgment creditors.
Article
40. Procedures for direct
notification to individuals
1. Notices shall be delivered directly to
individuals who are required to sign or press fingerprints for receipt
certification.
2. In case persons to be notified are absent,
notices shall be delivered to one of their relatives who has the full civil act
capacity and lives together with them, including their spouses and children,
their or their spouses’ grandparents, parents, uncles, aunts or siblings.
The delivery of notices must be recorded in
writing. The date of making a written record is the date of proper
notification.
In case persons to be notified have no relatives
who have the full civil act capacity and live together with them, have such
relatives but these persons refuse to receive notices, or are absent for an
indefinite period, notification makers shall make written records of the
impossibility of notification and have them signed by witnesses and publicly
post up the notices under Article 42 of this Law.
3. In case persons to be notified have moved to
new places, notices shall be delivered to the addresses of the new places.
Article
41. Procedures for direct
notification to agencies and organizations
In case parties to be notified are agencies or
organizations, notices shall be handed directly to representatives at law or
persons responsible for receiving incoming mails of these agencies or
organizations who shall sign for receipt. In case agencies or organizations to
be notified have their representatives joining in the judgment enforcement or
designate their representatives to receive notices, these persons shall sign
the receipt of notices. The date of signing the receipt is the date of proper
notification.
Article
42. Public notification
1. Notices shall be publicly posted up only when
addresses of persons to be notified are unidentified or direct notification
cannot be made, unless otherwise provided by law.
Civil judgment enforcement agencies shall
directly post up notices or entrust commune-level People’s Committees of
localities where persons to be notified reside or have last resided or
individuals or organizations with sufficient conditions as defined by law to
post up notices.
2. Public notification shall be made according
to the following procedures:
a/ Posting up notices at offices of civil
judgment enforcement agencies or commune-level People’s Committees or places
where persons to be notified reside or have last resided;
b/ Making written records of public
notification, clearly stating the date of notification, number and date of
notices, and have them signed by witnesses.
3. The duration for publicly posting up a notice
is 10 days from the posting date. The posting date is the date of proper
notification.
Article
43. Announcements on the
mass media
1. Announcements on the mass media shall be made
under law or at request of involved parties.
2. In case involved parties are determined to be
present in localities where they reside, announcements shall be published on a
daily newspaper for 2 consecutive issues or broadcast twice on provincial-level
radios or televisions of these localities for 2 consecutive days.
In case involved parties are determined to be
absent from localities where they reside, announcements shall be published on a
daily newspaper for two consecutive issues or broadcast twice on the central
radio or television for 2 consecutive days.
3. The date of making an announcement for the
second time on a mass medium is the date of proper notification.
Article
44. Verification of
judgment conditions execution
1. In case they issue judgment enforcement
decisions at its own will, enforcers shall verify judgment conditions execution
of judgment debtors.
In case of requested judgment enforcement, if
judgment creditors have applied necessary measures but are still unable to
verify judgment debtors’ judgment execution conditions, they may request
enforcers to do so. The request must be made in writing, clearly indicating the
applied measures and enclosed with proof documents.
2. Within 10 days after issuing judgment
enforcement decisions at their own will or receiving judgment creditors’
requests for verification, enforcers shall conduct verification. In case of
implementation of decisions on application of provisional urgent measures,
verification must be conducted without delay.
The verification must be recorded in writing
with the certification of the head of the street population quarter, People’s
Committee president, commune-level police chief or the head of the agency or
organization which has conducted verification. A verification record must fully
show verification results.
Article
45. Time limit for
voluntary execution of judgments
1. The time limit for voluntary execution of a
judgment is 15 days after the judgment debtor receives or is properly notified
of, the judgment enforcement decision.
2. In case of necessity to prevent judgment
debtors from dispersing or destroying assets or shirking the judgment
enforcement, enforcers may promptly apply measures specified in Chapter IV of
this Law.
Article
46. Coercive enforcement
of judgments
1. Upon the expiration of the time limit
specified in Clause 1, Article 45 of this Law, judgment debtors with judgment
execution conditions who fail to voluntarily execute judgments shall be coerced
to do so.
2. No coercive enforcement of judgments shall be
conducted from 22:00 hrs to 6:00 hrs, or weekends and holidays as provided by
law and in other special cases specified by the Government.
Article
47. Order of payment of
sums of money collected from judgment enforcement
1. Sums of money collected from judgment
enforcement, after subtracting judgment enforcement expenses and the sum of
money specified in Clause 5, Article 115 of this Law, shall be paid in the
following order:
a/ Alimony; salary, wage, severance allowance,
job-loss allowance and working capacity loss allowance; compensation for loss
of life, damage to health or mental harms;
b/ Court fee;
c/ Other payables under enforced judgments or
rulings.
2. In case there are many judgment creditors
under a judgment, sums of money collected from judgment enforcement shall be
paid as follows:
a/ Payment shall be made in the order specified
in Clause 1 of this Article. In case there are many judgment creditors of the
same priority level, payment shall be made in proportion to sums of money
enjoyable by these creditors;
b/ Money collected under a coercive judgment
enforcement decision shall be paid to the judgment creditors that has filed a
request for judgment enforcement by the time of issuance of the decision. The
remaining sum of money shall be paid to other judgment creditors under other
judgment enforcement decisions by the time of payment.
Any remainders shall be paid to judgment
debtors.
3. Proceeds from the sale of assets in
collaterals or mortgages or sale of assets ruled to be distrained to secure the
fulfillment of a specific obligation shall be paid first of all for the secured
obligation after subtracting judgment enforcement expenses.
4. The order of payment of sums of money
collected from enforcement of bankruptcy judgments must comply with the law on
bankruptcy.
5. Within 10 days after collecting money,
enforcers shall pay such money under Clauses 1 and 2 of this Article.
Article
48. Postponement of
judgment enforcement
1. Heads of civil judgment enforcement agencies
may issue decisions to postpone judgment enforcement in the following cases:
a/ The judgment debtor falls seriously ill as
certified by the health establishment of district or higher level, or has
unidentified address, or cannot fulfill by himself/herself his/her obligation
under the judgment or ruling for other plausible reasons;
b/ The judgment creditor agrees to let the
judgment debtor postpone the judgment enforcement. The agreement on
postponement must be made in writing, clearly indicating the postponement
duration, and signed by involved parties. In this duration, the judgment debtor
may, with the judgment creditor’s consent, bear no interest arising from the
postponed judgment enforcement;
c/ The person obliged to pay state budget
remittances has no asset or has assets the value of which is insufficient to
cover expenses for coercive judgment enforcement or has assets which are not
allowed to be distrained;
d/ There is a dispute over distrained assets
which has been accepted by a court for settlement;
e/ The judgment enforcement is in the middle of
the period for competent agencies to explain judgments and rulings and respond
to petitions of civil judgment enforcement agencies under Clauses 2 and 3,
Article 179 of this Law.
2. Heads of civil judgment enforcement agencies
shall issue decisions on judgment enforcement postponement upon receiving
requests of persons with protesting competence at least 24 hours before the
time of coercive judgment enforcement set in coercion decisions. In case
judgment enforcement agencies receive such requests less than 24 hours before
the time of coercive enforcement set in decisions on coercive judgment
enforcement, heads of civil judgment enforcement agencies may decide on
judgment enforcement postponement when finding it necessary.
For judgments which have been partially or
completely enforced, civil judgment enforcement agencies shall promptly notify
such in writing to judgment enforcement postponement requesters.
Persons competent to protest against court
judgments or rulings according to cassation or re-opening procedures may
request enforcement postponement only once for examination of their protests in
order to avoid irremediable consequences.
The maximum duration of judgment enforcement
postponement requested by persons competent to protest against judgments or
rulings is 3 months after the date of making written requests for judgment
enforcement postponement. In this duration, judgment debtors may bear no
interest arising from the postponed judgment enforcement.
3. The time limit for issuing a judgment
enforcement decision postponement is 5 working days after there emerges a
ground as specified in Clause 1 of this Article. In the case specified in
Clause 2 of this Article, a judgment enforcement decision postponement shall be
promptly issued upon receipt of a competent person’s request.
4. Within 5 working days after the ground for
judgment enforcement postponement specified in Clause 1 of this Article no
longer exists or the expiration of the duration of judgment enforcement
postponement requested by competent persons defined in Clause 2 of this Article
or the receipt of notices of non-existence of grounds for protest from persons
with the protesting competence, heads of civil judgment enforcement agencies
shall issue decisions to continue judgment enforcement.
Article
49. Suspension of
judgment enforcement
1. Heads of civil judgment enforcement agencies
shall notify the judgment enforcement suspension upon receiving judgment enforcement
decisions suspension of persons competent to protest against judgments or
rulings according to cassation or re-opening procedures.
For judgments or rulings which have been
partially or completely enforced, heads of civil judgment enforcement agencies
shall promptly notify such in writing to protesters.
In the duration of judgment enforcement
suspension due to protests, judgment debtors may bear no interest arising from
the suspended judgment enforcement.
2. Heads of civil judgment enforcement agencies
shall issue judgment enforcement decisions suspension upon receiving courts’
notices of acceptance of applications for opening of bankruptcy procedures for
judgment debtors.
The time limit for issuing a judgment
enforcement decision suspension is 5 working days after the receipt of a court
notice.
3. Heads of civil judgment enforcement agencies
shall issue a decision to continue judgment enforcement within 5 working days
after the receipt of any of the following decisions:
a/ A competent person’s decision to withdraw the
protest;
b/ A court’s cassation or re-opening ruling to
uphold the protested judgment or ruling;
c/ A court’s ruling on suspension of procedures
for bankruptcy or resumption of business operation of an enterprise or
cooperative falling into bankruptcy.
Article
50. Termination of
judgment enforcement
1. Heads of civil judgment enforcement agencies
shall issue decisions to terminate judgment enforcement in the following cases:
a/ The judgment debtor dies without estate or
after his/her death, his/her obligation under the judgment or ruling must not
be transferred, as prescribed by law, to his/her heirs;
b/ The judgment creditor dies but his/her rights
and interests under the judgment or ruling must not be transferred to his/her
heirs or he/she dies without heirs;
c/ Involved parties agree in writing or the
judgment creditor requests in writing the civil judgment enforcement agency to
discontinue the judgment enforcement, unless the judgment enforcement
termination affects rights and legitimate interests of a third party;
d/ The judgment or ruling is partially or wholly
quashed;
e/ The judgment debtor is an organization which
has been dissolved and has no assets while, as prescribed by law, its
obligation must not be transferred to another organization;
f/ There is a decision on exemption from or
reduction of the obligation to enforce the judgment;
g/ A court has decided to open bankruptcy
procedures for the judgment debtor;
h/ The minor who had been consigned to another
person for nurturing has become an adult.
2. The time limit for issuing a judgment
enforcement termination decision is 5 working days after there emerges a ground
for judgment enforcement termination specified in Clause 1 of this Article.
Article
51. Return of written
requests for judgment enforcement
1. Heads of civil judgment enforcement agencies
shall decide to return written requests for judgment enforcement in the
following cases:
a/ The judgment debtor has no assets for
judgment enforcement or has assets the value of which is efficient only for
paying expenses for coercive judgment enforcement or which are not allowed to
be handled for judgment enforcement under law;
b/ The judgment debtor has no income or has low
incomes which can only assure minimum living standards for him/her and his/her
family;
c/ Distrained assets cannot be sold while the
judgment creditor refuses to accept them for judgment enforcement;
d/ The judgment debtor is obliged to return
specific objects but these objects no longer exist or are irreparably damaged,
and involved parties do not otherwise agree.
2. When judgment debtors have judgment execution
conditions, judgment creditors may request enforcement of judgments or rulings
within the time limit specified in Clause 1, Article 30 of this Law, counting from
the date judgment debtors are detected to have judgment execution conditions.
Article
52. Conclusion of
judgment enforcement
Judgment enforcement automatically concludes in
the following cases:
1. Involved parties have completely exercised
their rights and fulfilled their obligations;
2. There is a judgment enforcement termination
decision;
3. There is a decision on return of the written
request for judgment enforcement.
Article
53. Certification of
judgment enforcement results
Involved parties may request civil judgment
enforcement agencies to certify judgment enforcement results.
Within 5 working days after receiving requests
of involved parties, heads of civil judgment enforcement agencies shall issue
written certifications of judgment enforcement results.
Article
54. Transfer of the
judgment execution right or obligation
1. The transfer of the judgment enforcement
right or obligation of organizations is made as follows:
a/ In case of consolidation, the new
organization shall continue exercising the right or performing the obligation
to execute judgments, unless otherwise provided for by law;
b/ In case of merger, the merging organization
shall continue exercising the right or performing the obligation to execute
judgments, unless otherwise provided for by law;
c/ In case of separation or split-up, the agency
issuing the separation or split-up decision shall clearly identify individuals
and organizations to continue exercising the right or performing the obligation
to execute judgments under this decisions, unless otherwise provided for by
law.
If the separation or splitting decision does not
state the obligation of the new organization, the organization shall, after
separation or split-up, take joint responsibility for performing the judgment
execution obligation of the separated or split organization;
d/ In case of dissolution, agencies competent to
issue dissolution decisions shall notify civil judgment enforcement agencies
thereof before issuing dissolution decisions. In case the judgment execution right
or obligation of a dissolved organization is transferred to another
organization, the latter shall continue exercising the right or performing the
obligation to execute judgments.
Civil judgment enforcement agencies, judgment
creditors, persons with related rights and obligations may request competent
agencies to reconsider dissolution decisions under law.
In case assets for judgment enforcement no
longer exist due to the implementation of unlawful dissolution decisions,
dissolution decision-issuing agencies shall fulfill the part of the obligation
of dissolved organizations corresponding to these assets;
e/ In case of bankruptcy, the judgment execution
right or obligation shall be exercised or performed under bankruptcy decisions;
f/ In case enterprises, which have not yet
exercised their right or performed their obligation to execute judgments, are
transformed into joint-stock companies, these joint-stock companies shall
continue exercising the right or performing the obligation to execute judgments.
2. In case judgment creditors or judgment
debtors being individuals die, their judgment execution right or obligation
shall be transferred to other persons under the law on inheritance.
3. In the cases specified in Clauses 1 and 2 of
this Article, organizations and individuals that are transferred the judgment
execution right or obligation may file written requests for judgment
enforcement or shall continue exercising the right or performing the obligation
to execute judgments under this Law.
Heads of civil judgment enforcement agencies
shall issue judgment enforcement decisions for new individuals and
organizations corresponding to the transferred judgment enforcement right or
obligation and issue decisions on withdrawal of previously issued judgment enforcement
decisions.
For other judgment enforcement decisions and
notices, civil judgment enforcement agencies may, on a case-by-case basis,
uphold, withdraw or issue other appropriate decisions and notices under this
Law.
4. In case an involved party agrees with the
transfer of the judgment execution right or obligation to a third party, the
latter will have the rights and obligations of this involved party.
Article
55. Entrustment of
judgment enforcement
1. Heads of civil judgment enforcement agencies
may entrust judgment enforcement to civil judgment enforcement agencies in
localities where judgment debtors have their assets, work, reside or are based.
2. In case judgment debtors have assets, work,
reside or are based in more than one locality, heads of civil judgment
enforcement agencies may entrust partial judgment enforcement to civil judgment
enforcement agencies in localities where these judgment debtors have judgment
execution conditions for fulfilling part of their obligation.
In case of entrusted performance of
asset-related obligations, heads of civil judgment enforcement agencies shall
entrust the performance to civil judgment enforcement agencies in localities
where judgment debtors have their assets. If localities where assets exist
cannot be identified or are concurrently places where judgment debtors work,
reside or are based, the performance shall be entrusted to these places.
In case of performance of joint obligations, if
judgment debtors reside or have assets in different localities, heads of civil
judgment enforcement agencies shall entrust the whole judgment enforcement
obligation to the civil judgment enforcement agency in a locality where these
judgment debtors have judgment execution conditions.
3. Entrustment shall be made within 5 working
days after the date of identification of grounds therefor. When it is necessary
to entrust the enforcement of court rulings on application of provisional
urgent measures, the entrustment shall be made right after grounds for
entrustment are obtained.
Article
56. Competence to entrust
judgment enforcement
1. Provincial-level civil judgment enforcement
agencies may entrust the enforcement of the following judgments and rulings:
a/ Entrusting to provincial-level civil judgment
enforcement agencies in other localities the enforcement of judgments and
rulings on reemployment of laborers or payment of compensations for damage
whereby judgment debtors are provincial-level or central state agencies;
judgments and rulings involving foreign elements or related to intellectual
property rights; awards of commercial arbitrations; or decisions on handling of
competition cases of the Council for Handling of Competition Cases;
b/ Entrusting to military zone-level judgment
enforcement agencies the enforcement of judgments and rulings under which
involved parties or assets are related to the Army in their localities;
c/ Entrusting to district-level civil judgment
enforcement agencies the enforcement of other judgments and rulings, except the
cases specified at Points a and b of this Clause.
2. District-level civil judgment enforcement
agencies may entrust cases falling under their judgment enforcement competence
to provincial-level civil judgment enforcement agencies in other localities,
military zone-level judgment enforcement agencies or other district-level
judgment enforcement agencies with enforcement conditions.
3. Military zone-level judgment enforcement
agencies may entrust cases falling under their judgment enforcement competence
to other military zone-level judgment enforcement agencies, provincial-level or
district-level civil judgment enforcement agencies with enforcement conditions.
Article
57. Entrusting judgment
enforcement
1. Before entrusting judgment enforcement, civil
judgment enforcement agencies shall complete the handling of assets temporarily
held, seized or distrained in localities related to entrusted sums of money. In
case heads of civil judgment enforcement agencies have issued judgment
enforcement decisions but find it necessary to entrust the enforcement, they
shall issue decisions to revoke part or the whole of judgment enforcement
decisions and issue decisions to entrust the enforcement to localities with
enforcement conditions.
2. Entrusted civil judgment enforcement agencies
may not return entrustment decisions to entrusting civil judgment enforcement
agencies but shall continue the judgment enforcement under this Law, unless
entrustment decisions contain obvious mistakes or errors about competence of
agencies entrusted or contents of judgment enforcement.
Within 5 working days after receiving
entrustment decisions, heads of civil judgment enforcement agencies shall issue
judgment enforcement decisions and notify in writing the entrusting civil
judgment enforcement agencies of the receipt of the entrustment decisions.
Article
58. Preservation of
assets for judgment enforcement
1. Assets for judgment enforcement shall be
preserved in any of the following forms:
a/ Consignment to judgment debtors or their
relatives defined in Clause 2, Article 40 of this Law or current users for
preservation;
b/ Preservation by individuals or organizations
with preservation conditions;
c/ Preservation in warehouses of civil judgment
enforcement agencies.
2. Assets being precious metals, gems, cash or
valuable papers shall be preserved at the State Treasury.
3. A written record shall be made of the
handover of assets for preservation, clearly indicating kinds and state of
assets; time and date of handover; full names of enforcers, involved parties
and persons assigned to preserve assets, and witnesses, if any; rights and
obligations of persons assigned to preserve assets, and be signed by concerned
parties. If any person refuses to sign the written record, the refusal and
reason therefor shall be clearly stated in the record.
Persons assigned to preserve assets defined at
Point b, Clause 1 of this Article will be paid remuneration and expenses for
asset preservation. Asset preservation remuneration and expenses shall be borne
by judgment debtors, unless otherwise provided for by law.
4. Written records of handover of assets for
preservation shall be handed to involved parties, persons with related rights
and obligations, persons assigned to preserve assets or current asset users or
preservers, and filed into in judgment enforcement dossiers.
5. Persons assigned to preserve assets who
violate asset preservation regulations shall, depending on the nature and
seriousness of their violations, be administratively sanctioned, disciplined or
examined for penal liability. If causing damage, they shall pay compensations
under law.
Article 59. Judgment enforcement upon a change in
asset prices at the time of judgment enforcement
In case a party, under a judgment or ruling,
receives assets and is obliged to pay to the other party the asset value he/she
receives, but at the time of judgment enforcement, the asset value changes and
any involved party requests the asset valuation, these assets shall be valuated
under Article 98 of this Law for judgment enforcement.
Article
60. Civil judgment
enforcement fee
Judgment creditors shall pay a civil judgment
enforcement fee.
The Government shall specify civil judgment
enforcement fee rates, procedures for collection, remittance, management and
use of this fee.
Article
61. Conditions on judgment
execution obligation exemption or reduction regarding state budget remittances
1. Judgment debtors have no assets for payment
of state budget remittances may be considered for exemption from the judgment
execution obligation upon the expiration of the following time limits:
a/ Five years after the date of issuance of
judgment enforcement decisions regarding court fee amounts subject to no
ceiling level;
b/ Ten years after the date of issuance of
judgment enforcement decisions regarding state budget remittances valued at
less than VND 5,000,000.
2. Judgment debtors who have partially paid
state budget remittances but have no assets for judgment enforcement may be
considered for exemption from the remaining part of their obligation upon the
expiration of the following time limits:
a/ Five years after the date of issuance of
judgment enforcement decisions in case the remaining obligation part is valued
at less than VND 5,000,000.
b/ Ten years after the date of issuance of
judgment enforcement decisions in case the remaining obligation part is valued
at less than VND 10,000,000.
3. Judgment debtors who have partially paid
state budget remittances but have no assets for judgment enforcement may be
considered for reduction of their judgment execution obligation upon the
expiration of the following time limits:
a/ Five years after the date of issuance of
judgment enforcement decisions in case the remaining obligation part is valued
at between VND 10,000,000 and 100,000,000.
b/ Ten years after the date of issuance of
judgment enforcement decisions in case the remaining obligation part is valued
at over VND 100,000,000.
4. The judgment execution obligation exemption
or reduction shall be considered regularly but a judgment debtor will be
considered for exemption or reduction only once a year. In case a judgment
debtor is obliged to pay many state budget remittances under different
judgments or rulings, he/she will be considered for judgment execution
exemption or reduction for each judgment or ruling only once a year.
Article
62. Dossiers of request
for consideration of judgment execution obligation exemption or reduction
regarding state budget remittances
Civil judgment enforcement agencies shall
compile dossiers to request competent courts to consider judgment execution
obligation exemption or reduction. Such a dossier comprises the following:
1. A written request for consideration of
judgment execution obligation exemption or reduction, made by the head of the
civil judgment enforcement agency or the chairman of the procuracy in case of
request for consideration of fine exemption or reduction;
2. The court judgment or ruling or judgment
enforcement decision of the civil judgment enforcement agency;
3. A written record of verification of judgment
execution conditions of the judgment debtor, made within 3 months before filing
the request for exemption or reduction consideration;
4. Other document proving the eligibility of the
judgment debtor for consideration of judgment execution obligation exemption or
reduction, if any;
5. Written opinions of the procuracy at the same
level in case the civil judgment enforcement agency requests the consideration
of the judgment execution obligation exemption or reduction.
Article 63. Competence
and procedures for considering judgment execution obligation exemption or
reduction regarding state budget remittances
1. Consideration of judgment execution
obligation exemption or reduction regarding state budget remittances falls
under the competence of people’s courts of districts, towns or provincial
cities, and zone-level military tribunals (below collectively referred to as
district-level courts) in localities where civil judgment enforcement agencies
organizing the judgment enforcement are located.
2. Within 2 working days after receiving
dossiers of request for judgment execution obligation exemption or reduction,
courts shall accept these dossiers for handling.
Within 20 days after accepting dossiers, judges
assigned to handle cases shall hold a hearing to consider judgment execution
obligation exemption or reduction.
3. A hearing to consider judgment execution
obligation exemption or reduction shall be chaired by a judge and participated
by representatives of the procuracy at the same level and the civil judgment
enforcement agency that has requested exemption or reduction consideration.
In considering judgment execution obligation
exemption or reduction, the representative of the civil judgment enforcement
agency shall briefly present the dossier of request for exemption or reduction
consideration, while the representative of the procuracy shall give opinions on
the dossier. After examining the dossier and considering opinions of the
representatives of the procuracy and the civil judgment enforcement agency, the
judge shall issue a ruling on acceptance, partial acceptance or non-acceptance
of the request.
4. Within 5 working days after issuing a ruling
on judgment execution decision obligation exemption or reduction, the court
shall send it to the person eligible for consideration of judgment execution
obligation exemption or reduction, the procuracy at the same level, the
immediately higher-level procuracy, the civil judgment enforcement agency that
has requested consideration of judgment execution obligation exemption or reduction,
the custody facility or detention camp where the person eligible for
consideration of judgment execution obligation exemption or reduction regarding
state budget remittances is serving their imprisonment sentence.
Article 64. Protests against court rulings on judgment
execution obligation exemption or reduction regarding state budget remittances
1. A court ruling on judgment execution
obligation exemption or reduction may be protested by a procuracy according to
appellate procedures. The time limit for a procuracy at the same level or an
immediately higher-level procuracy to make a protest is 7 or 15 days,
respectively, after receiving the ruling.
Upon the expiration of the above time limit, if
the procuracy makes no protest, the court ruling will take effect.
2. Within 7 days after receiving a procuracy’s
protest decision, the court that has issued the ruling on judgment execution
obligation exemption or reduction shall transfer the protest and its dossier to
its immediately higher-level court.
3. Within 15 days after receiving a protest
dossier, the immediately higher-level court shall hold a hearing to consider
the protest.
A hearing to consider a protest shall be chaired
by a judge and participated by a representative of the procuracy at the same
level. When necessary, the court may request the representative of the civil
judgment enforcement agency that has compiled the dossier of request for
exemption or reduction consideration to attend the hearing. The judge chairing
the hearing shall issue a ruling on protest settlement.
Court rulings on settlement of protests against
judgment execution obligation exemption or reduction shall be enforced.
4. In case the procuracy withdraws its protest
decision before or during the hearing to consider the protest, the court shall
rule on cessation of the protest consideration. The protested court ruling on
judgment execution obligation exemption or reduction shall be enforced.
5. After the ruling on judgment execution
obligation exemption or reduction takes effect, if the judgment debtor is
detected to have hidden or dispersed assets for requesting judgment execution
obligation exemption or reduction or shirking judgment enforcement, the civil
judgment enforcement agency and the procuracy that has requested exemption or
reduction consideration shall request a competent court chief judge or
procuracy chairman under the criminal procedure and civil procedure laws to
consider filing a protest against the ruling on judgment execution obligation
exemption or reduction according to re-opening procedures.
Article
65. Financial assurance
of judgment enforcement from the state budget
In case agencies and organizations entirely
funded by the state budget and obliged to execute judgments have applied all
necessary financial measures but remain unable to enforce judgments, the state
budget shall assure the fulfillment of their judgment execution obligation. The
material liability of damage-causing parties shall be handled under law.
The Government shall specify the competence, conditions,
subjects eligible and procedures for financial assurance of judgment
enforcement.
Chapter IV.
MEASURES TO SECURE AND COERCE JUDGMENT ENFORCEMENT
Section
1.
MEASURES TO SECURE JUDGMENT ENFORCEMENT
Article 66. Measures to secure judgment enforcement
1. Enforcers may, at their own will or when
requested in writing by involved parties, promptly apply measures to secure
judgment enforcement in order to prevent dispersal or destruction of assets or
shirking of judgment enforcement. When applying measures to secure judgment
enforcement, enforcers are not required to notify such in advance to involved
parties.
2. Parties who request enforcers to apply
security measures shall be held responsible before law for their requests. In
case they make a wrongful request, causing damage to parties subject to
security measures or third parties, they shall pay compensations.
3. Measures to secure judgment enforcement
include:
a/ Blockading accounts;
b/ Seizing assets and papers;
c/ Suspending registration, transfer or change
in the current state of assets.
Article
67. Blockade of accounts
1. Accounts shall be blocked in case of
necessity to prevent the dispersal of money on accounts of judgment debtors.
2. To proceed with the blockade of accounts,
enforcers shall hand account blockade decisions to agencies or organizations
currently managing accounts of judgment debtors.
Agencies and organizations currently managing
accounts shall promptly abide by enforcers’ account blockade decisions.
3. Within 5 working days after issuing account
blockade decisions, enforcers shall apply coercive measures defined in Article
76 of this Law.
Article
68. Seizure of involved
parties’ assets and papers
1. Enforcers who are performing the judgment
enforcement task may seize or request concerned agencies, organizations or
individuals to assist them in seizing assets and papers, which are currently
managed and used by involved parties.
2. A written record of the seizure of assets and
papers must be made and signed by enforcers and involved parties. In case
involved parties refuse to sign, they must be signed by witnesses. Written
records of seizure of assets and papers must be handed to involved parties.
3. Within 15 days after the date of seizing
assets and papers, enforcers shall decide to:
a/ Apply measures to coerce the judgment
enforcement in case they can determine that the seized assets and papers are
possessions of judgment debtors;
b/ Return the seized assets and papers to
involved parties in case these parties can prove these assets and papers are
not possessions of judgment debtors. A written record of the return of seized
assets and papers must be made and signed by the parties.
Article
69. Suspension of
registration or transfer of ownership or right to use or change in the current
state of assets
When it is necessary to prevent involved parties
from or these parties are detected to have committed acts of, transferring the
ownership or right to use, dispersing, destroying or changing the current state
of assets, enforcers shall issue decisions to suspend the registration or
transfer of ownership or right to use or change in the current state of assets
by judgment debtors and send these decisions to concerned agencies,
organizations and individuals for suspension of registration or transfer of
ownership or right to use or change in the current state of these assets.
Within 15 days after issuing decisions,
enforcers shall distrain assets or terminate the suspension of transfer of
ownership or right to use or change in the current state of assets.
Section 2.
GENERAL PROVISIONS ON COERCIVE JUDGMENT ENFORCEMENT
Article 70. Grounds for coercive judgment enforcement
Grounds for coercive judgment enforcement
include:
1. Judgments or rulings;
2. Judgment enforcement decisions;
3. Coercive judgment enforcement decisions,
unless judgments or rulings declare the distraint of assets or blockade of
accounts and courts rule on application of provisional urgent measures.
Article
71. Measures
to coerce judgment enforcement
1. Deduction of money on accounts; recovery and
handling of money and valuable papers of judgment debtors.
2. Subtraction of incomes of judgment debtors.
3. Distraint and handling of assets of judgment
debtors, including also those held by third parties.
4. Exploitation of assets of judgment debtors.
5. Forcible transfer of objects, property rights
and papers.
6. Forcible performance or non-performance of
certain jobs by judgment debtors.
Article
72. Coercive judgment
enforcement plans
1. Before conducting coercive judgment
enforcement, enforcers shall work out plans thereon, except for cases subject
to coercive enforcement without delay.
2. A coercive judgment enforcement plan contains
the following principal details:
a/ Coercive measure to be applied;
b/ Time and place of coercive enforcement;
c/ Method of coercive enforcement;
d/ Forces to participate in and protect coercive
enforcement;
e/ Estimated expenses for coercive enforcement
3. Coercive enforcement plans shall be promptly
sent to the procuracies and public security offices at the same level,
commune-level People’s Committees in localities where coercive enforcement is
conducted or agencies and organizations related to coercive judgment
enforcement are located.
4. Based on coercive enforcement plans of civil
judgment enforcement agencies, public security offices shall work out
enforcement protection plans, and arrange necessary forces and means to
maintain order and protect scenes, promptly prevent and handle acts of
dispersing assets, obstructing or opposing judgment enforcement, detain
opposing persons, and institute criminal cases when seeing signs of crimes.
Article
73. Expenses for coercive
judgment enforcement
1. Judgment debtors shall bear the following
expenses for coercive judgment enforcement:
a/ Expense for notification of coercive judgment
enforcement;
b/ Expense for purchase of materials and fuel,
hiring of protection, medical and fire and explosion prevention and fight means
and equipment, and other means and equipment necessary for judgment enforcement;
c/ Expense for asset valuation, assessment and
auction; expense for asset revaluation, except for the cases specified at Point
a, Clause 2 and Point a, Clause 3, of this Article;
d/ Expense for rent, safekeeping and
preservation of assets; expense for loading, unloading and transportation of
assets; expense for employment of workers for and cost of building partitions
or dismantlement; expense for hired measurement and placement of landmarks for
coercive judgment enforcement;
e/ Expense for seizure of assets and papers;
f/ Payment for persons directly participating in
and protecting coercive judgment enforcement.
2. Judgment creditors shall bear the following
expenses for coercive judgment enforcement:
a/ Expense for verification under Clause 1,
Article 44 of this Law; expense for asset revaluation upon their request,
except for revaluation due to violations of valuation regulations;
b/ Part or the whole of expense for building
partitions or dismantlement in case judgments or rulings require judgment creditors
to bear this expense.
3. The state budget shall pay expenses for
coercive judgment enforcement in the following cases:
a/ Expense for revaluation of assets due to
violations of valuation regulations;
b/ Expense for verification of judgment
execution conditions in case enforcers enforce judgments at their own will as
specified in Clause 1, Article 44 of this Law;
c/ Other necessary expenses under the
Government’s regulations;
d/ Involved parties are entitled to exemption or
reduction of expenses for coercive judgment enforcement under law.
4. Enforcers shall estimate expenses for
coercive enforcement and notify them to judgment debtors at least 3 working
days before the planned date of coercive enforcement, except for the case of
coercive enforcement without delay. Expenses for coercive judgment enforcement
are advanced by the state budget.
5. Expenses for coercive judgment enforcement
shall be paid according to actually and reasonably paid amounts which are
approved by heads of civil judgment enforcement agencies at the proposal of
enforcers.
Heads of civil judgment enforcement agencies
organizing judgment enforcement shall consider exemption from or reduction of
expenses for coercive judgment enforcement.
6. Expenses for coercive judgment enforcement shall
be paid by involved parties or deducted from collected sums of money or
proceeds from the auction of distrained assets, including those held by third
parties. After handling assets or collecting money, enforcers shall carry out
procedures for promptly refunding paid advances.
7. The Government shall specify levels of
remuneration for persons directly participating in and protecting coercive
judgment enforcement and protection thereof; procedures for collection,
remittance, exemption from and reduction of expenses for coercive judgment
enforcement.
Article
74. Coercive enforcement
regarding assets under common ownership
1. Before conducting coercive enforcement
regarding assets, including land use rights, under common ownership of judgment
debtors and other persons, enforcers shall notify co-owners of the coercive
enforcement.
Co-owners may institute a lawsuit to request a
court to identify their proportions of ownership of common assets. Within 30
days after receiving notices, if co-owners do not institute a lawsuit, the
judgment creditor or enforcers may request a court to identify the ownership
proportion of the judgment debtor in the common assets to assure judgment
enforcement.
For common assets of husband and wife, enforcers
shall identify their ownership proportions under the marriage and family law
and notify them thereof. In case a spouse does not agree with the
identification, he/she may, within 30 days after his/her ownership proportion
is identified by the enforcer, institute a lawsuit to request a court to divide
common assets. Past the above time limit, if involved parties do not institute
a lawsuit, enforcers shall handle assets and pay to spouses of judgment debtors
the value of asset proportions under their ownership.
2. Distrained assets under common ownership of
which ownership proportions of co-owners have been identified shall be handled
as follows:
a/ For dividable common assets, the enforcer
shall apply coercive measures regarding the asset proportion owned by the
judgment debtor;
b/ For undividable common assets or in case the
division will considerably reduce the asset value, the enforcer may apply
coercive measures regarding the whole asset and pay to other co-owners the
value of asset proportions under their ownership.
3. Upon the sale of common assets, co-owners
have the preemptive right to buy them.
Article
75. Handling of disputed
assets upon coercive enforcement
In case of coercive enforcement regarding assets
of a judgment debtor over which a dispute arises between the judgment debtor
and another person, the enforcer shall continue with coercive enforcement and
request involved and disputing parties to institute a court lawsuit or request
a competent agency to settle the dispute. Enforcers shall handle distrained
assets under court rulings or decisions of competent agencies.
Within 30 days after being requested by the
enforcer, if involved and disputing parties do not institute a lawsuit or
request a competent agency to settle the dispute, assets shall be handled for
judgment enforcement under this Law.
Section 3.
COERCIVE ENFORCEMENT REGARDING ASSETS BEING SUMS OF MONEY
Article 76. Deduction of money from accounts
1. Enforcers shall issue decisions on deduction
of money from accounts of judgment debtors. Deducted sums of money must not
exceed the judgment execution obligation and coercive enforcement expenses.
2. Right after receiving decisions on deduction
of money from accounts of judgment debtors, agencies or organizations currently
managing these accounts shall make deductions for transfer into accounts of
civil judgment enforcement agencies or to judgment creditors under deduction
decisions.
Article
77. Termination of
account blockade
1. The account blockade shall be terminated in
the following cases:
a/ Judgment debtors have fulfilled their
judgment execution obligation;
b/ Concerned agencies or organizations have
deducted sums of money from accounts of judgment debtors as requested by
enforcers;
c/ There is a decision on judgment enforcement
termination under Article 50 of this Law.
2. Enforcers shall issue decisions on
termination of account blockade right after obtaining any ground specified in
Clause 1 of this Article.
Article
78. Subtraction of
incomes of judgment debtors
1. Incomes of judgment debtors include salary, remunerations,
pension, working capacity loss allowance and other lawful incomes.
2. Subtraction from incomes of judgment debtors
shall be made in the following cases:
a/ Under involved parties’ agreement;
b/ Under judgments or rulings which require such
subtraction;
c/ Enforcement of judgments on alimony,
periodical judgment enforcement, sums of money to be collected in judgment
enforcement being small or other assets of judgment debtors being insufficient
for judgment enforcement.
3. Enforcers shall issue decisions on
subtraction of incomes of judgment debtors. The highest level of subtraction of
salary, remuneration, pension and working capacity loss allowance is 30% of
total monthly earned income, unless otherwise agreed by involved parties. For
other incomes, the subtraction level shall be based on actually earned income
amounts of judgment debtors, but must ensure the minimum living standard of
these persons and their dependants under law.
4. Agencies, organizations, employers, social
insurance agencies where judgment debtors receive their salaries,
remunerations, pensions, allowances and other lawful incomes shall comply with
the provisions of Clauses 2 and 3 of this Article.
Article
79. Collection of money
from business activities of judgment debtors
1. In case judgment debtors have incomes from
business activities, enforcers shall issue decisions on collection of money
from these persons’ business activities for judgment enforcement.
Upon collection of money, enforcers shall leave
minimum sums of money necessary for business activities and daily life of
judgment debtors and their families.
2. Enforcers shall issue money receipts to
judgment debtors.
Article
80. Collection of sums of
money currently held by judgment debtors
Upon detecting that judgment debtors are holding
sums of money and having grounds to believe that these sums of money belong to
judgment debtors, enforcers shall issue decisions on collection of money for
judgment enforcement. Enforcers shall make written records of money collection and
issue receipts to judgment debtors. In case judgment debtors refuse to sign
these written records, signatures of witnesses are required.
Article
81. Collection of money
of judgment debtors currently held by third parties
Upon detecting that third parties are currently
holding sums of money of judgment debtors, enforcers shall issue decisions on
collection of these sums of money for judgment enforcement. Third parties
currently holding sums of money of judgment debtors are obliged to hand over
money to enforcers for judgment enforcement. Enforcers shall make written
records of money collection, issue receipts to money-holding third parties and
notify such to judgment debtors. In case money-holding third parties refuse to
sign written records, signatures of witnesses are required.
Section 4.
COERCIVE ENFORCEMENT REGARDING ASSETS BEING VALUABLE PAPERS
Article 82. Seizure of valuable papers
1. Upon detecting that judgment debtors are
holding valuable papers or concerned agencies, organizations or individuals are
holding valuable papers of judgment debtors, enforcers shall issue decisions on
seizure of these papers for judgment enforcement.
2. Judgment debtors holding valuable papers or
agencies, organizations or individuals holding valuable papers of judgment
debtors shall hand over these papers to civil judgment enforcement agencies
under law.
In case judgment debtors holding valuable papers
or agencies, organizations or individuals holding valuable papers of judgment
debtors fail to hand over these papers to civil judgment enforcement agencies,
enforcers shall request competent agencies or organizations to transfer the
value of these papers for judgment enforcement.
Article
83. Sale of valuable
papers
The sale of valuable papers must comply with
law.
Section 5.
COERCIVE ENFORCEMENT OF ASSETS BEING INTELLECTUAL PROPERTY RIGHTS
Article 84. Distraint, use and exploitation of
intellectual property rights
1. Enforcers shall issue decisions on distraint
of intellectual property rights held by judgment debtors.
In case judgment debtors being intellectual
property rights holders license these rights to other agencies, organizations
and individuals, these intellectual property rights shall still be distrained.
2. Upon distraint of intellectual property
rights of judgment debtors, depending on each object of these intellectual
property rights, enforcers shall seize papers related to intellectual property
rights of judgment debtors.
3. In order to achieve defense or security
objectives or assure people’s life and interests of the State and society
specified in the Intellectual Property Law, the State may decide to compel
licensing of intellectual property rights by their holders to other agencies,
organizations and individuals for use for a definite period. In this case,
enforcers may not distrain intellectual property rights of judgment debtors
during the period of compelled licensing.
4. Enforcers shall decide to assign intellectual
property rights to agencies, organizations and individuals for use or
exploitation. These agencies, organizations and individuals shall remit earned
sums of money, after subtracting necessary expenses, to civil judgment
enforcement agencies for judgment enforcement.
When necessary, enforcers may request
specialized or professional intellectual property organizations to collect and
manage incomes and profits from the use and exploitation of intellectual
property rights of judgment debtors.
5. In case judgment debtors that have assigned
their intellectual property rights to other agencies, organizations or
individuals have not yet received any payments or have received only partial
payments for the assignment, enforcers shall issue decisions to compel these
agencies, organizations or individuals being assignees to remit unpaid amounts
for judgment enforcement.
Article 85. Valuation of intellectual property rights
1. Intellectual property rights shall be
valuated under Articles 98 and 99 of this Law and the law on intellectual
property.
2. The Government shall specify the order,
procedures, methods and competence for valuation of intellectual property
rights.
Article
86. Auction of
intellectual property rights
1. Intellectual property rights shall be
auctioned under the law on asset auction and the law on intellectual property.
2. The Government shall specify the order,
procedures, methods and competence for auction of intellectual property rights.
Section 6.
COERCIVE ENFORCEMENT REGARDING ASSETS BEING OBJECTS
Article 87. Assets which must not be distrained
1. Assets banned from circulation under law;
assets used in service of defense, security and public interests; assets
allocated from the state budget to agencies and organizations.
2. The following assets of judgment debtors
being individuals:
a/ Quantities of food to meet essential needs of
judgment debtors and their families during the period they have no new incomes
or yields;
b/ Quantities of medicines needed for disease
prevention and treatment for judgment debtors and their families;
c/ Necessary tools of disabled people and tools
used for taking care of sick people;
d/ Ordinary worshipping objects according to
local customs;
e/ Essential working tools of small value and
used as major or sole means of living of judgment debtors and their families;
f/ Utensils necessary for the daily life of
judgment debtors and their families.
3. The following assets of judgment debtors
being enterprises, cooperatives or production, business or service
establishments:
a/ Quantities of medicines needed for disease
prevention and treatment for employees; food, foodstuff, tools and other assets
used for serving meals for employees;
b/ Kindergartens, schools, medical
establishments and other equipment, means and assets owned by these
establishments and used for non-commercial purposes;
c/ Devices, equipment, means and tools for labor
safety protection, fire and explosion prevention and fighting and environmental
pollution prevention and combat.
Article 88. Distraint
1. At least 3 working days before distraining
assets being real estate, enforcers shall notify the representative of the
commune administration or the street population quarter where the coercive
enforcement is to be conducted, involved parties and persons with related
interests and obligations of the time and place of distraint and to-be-distrained
assets, unless it is necessary to prevent involved parties from dispersing or
destroying assets or shirking judgment enforcement.
In case involved parties are absent, they may
authorize other persons to exercise their rights and perform their obligations.
In case involved parties or their authorized persons are absent after being
duly notified, enforcers shall still conduct the distraint, invite witnesses
and clearly state such in written records of distraint. In case it is
impossible to invite witnesses, enforcers shall still conduct the distraint and
clearly state such in written records of distraint.
Upon distraint of objects, houses and
architectural works, if judgment debtors or persons currently managing or using
these assets are absent and when necessary to unpack or unlock these assets,
enforcers shall comply with Article 93 of this Law.
2. Asset distraint must be recorded in writing.
A written record of distraint must clearly state the time and date of
distraint, full names of the enforcer, involved parties or their authorized
persons, record maker, witness(es) and persons related to distrained assets,
and distraint proceedings; and describe the state of each asset, requests of
involved parties and opinions of witnesses.
Written records of distraint must be signed by
involved parties or their authorized persons, witnesses, representatives of
commune-level administrations or street population quarters where the coercive
enforcement is organized, enforcers and record makers.
Article
89. Distraint of assets
being land use rights or subject to compulsory ownership or security
transaction registration
1. Before distraining assets being land use
rights or subject to compulsory ownership or security transaction registration
under law, enforcers shall request registration offices to supply information
on assets or registered transactions.
2. After the distraint, enforcers shall notify
in writing registration offices of the asset distraint for handling under
Clause 1, Article 178 of this Law.
Article
90. Distraint and
handling of assets in pledges or mortgages
1. In case judgment debtors have no more assets
or have assets insufficient for judgment enforcement, enforcers may distrain
and handle assets of judgment debtors currently in pledges or mortgages if the value
of these assets is larger than the secured obligation and expenses for judgment
enforcement.
2. Upon distraint of assets in pledges or
mortgages, enforcers shall promptly notify such to pledgees or mortgagees. Upon
handling of distrained assets, pledgees or mortgagees will be among the first
to get paid under Clause 3, Article 47 of this Law.
Article
91. Distraint
of assets of judgment debtors currently held by third parties
Upon detecting that third parties are currently
holding assets of judgment debtors, including assets identified under other
judgments or rulings, enforcers shall issue decisions on distraint of these
assets for judgment enforcement. In case third parties fail to voluntarily hand
over these assets, enforcers shall compel the handover thereof for judgment
enforcement.
In case distrained assets are currently leased,
lessees may continue the lease under signed contracts.
Article
92. Distraint
of contributed capital
1. Enforcers shall request individuals, agencies
and organizations to whom/which judgment debtors have contributed capital to
supply information on judgment debtors’ capital contributions for distraint.
When necessary, enforcers may request competent agencies to identify capital
contributions of judgment debtors; or invite professional organizations or
individuals to identify the value of capital contributions of judgment debtors
for coercive judgment enforcement.
2. Involved parties may request courts to
identify capital contributions of judgment debtors.
Article
93. Distraint of locked
or packed objects
Upon distraint of locked or packed objects,
enforcers shall request judgment debtors or current users or managers of these
objects to unlock or unpack them. If requested persons fail to do so or are
intentionally absent, enforcers shall themselves or hire other individuals or
organizations to do so in the presence of witnesses. Judgment debtors shall
bear any damage caused by the unlocking or unpacking.
When necessary, enforcers shall seal up objects
after they are unlocked or unpacked and assign them to others for preservation
under Article 58 of this Law.
A written record of the unlocking, unpacking or
sealing up must be made and signed by involved persons and witnesses.
Article
94. Distraint of assets
attached to land
Upon distraint of assets being construction
works attached to land, enforcers shall also distraint land use rights, unless
land use rights must not be distrained under law or the separation of
distrained assets from land does not considerably reduce the value of these
assets.
Article
95. Distraint of houses
1. The distraint of a house being the sole
residence of a judgment debtor and his/her family may be conducted only after
this person has been determined to have no other assets or have assets which
are insufficient for judgment enforcement, unless the judgment debtor agrees to
have his/her house distrained for judgment enforcement.
2. Upon distraint of a house, enforcers shall
also distrain land use rights attached to the house. For a house attached to
land under land use rights of another person, enforcers may distrain the house
and land use rights for judgment enforcement only when the land use rights
holder so agree. If the land use rights holder disagrees with the distraint,
only the house of the judgment debtor may be distrained, provided the
separation of the house from land does not considerably reduce the value of the
house.
3. Upon distraint of a house of a judgment
debtor which is currently leased or lent to others for dwelling, enforcers
shall promptly notify current lessees or dwellers of the distraint.
In case distrained assets being leased houses or
stores are auctioned when the lease or permitted dwelling duration remains
valid, lessees may continue to lease or dwell in these houses under the Civil
Code.
4. The distraint of locked houses must comply
with Article 93 of this Law.
Article
96. Distraint of vehicles
1. Upon distraint of vehicles of judgment
debtors, enforcers shall request judgment debtors or current managers or users
of these vehicles to hand their registration certificates, if any.
2. For vehicles currently in use or operation,
after the distraint thereof enforcers may seize or assign these vehicles to
judgment debtors or their current managers or users for further use, operation
and preservation without transfer, pledge or mortgage.
In case of assignment of vehicles to judgment
debtors or their current managers or users for further use, operation,
enforcers shall issue to these persons written records of the seizure of their
registration certificates as permission for these vehicles to join traffic.
3. Enforcers may request competent agencies to
prohibit the transfer, pledge, mortgage or lease of, or restrict traffic by,
distrained vehicles.
4. The distraint of aircraft and seagoing ships
for judgment enforcement must comply with the law on arrest of aircraft and
seagoing ships.
Article
97. Distraint of yields
In case judgment debtors have assets which bring
about yields, enforcers shall distraint these yields to assure judgment enforcement.
For yields being food and foodstuff, upon the distraint thereof enforcers shall
leave a portion sufficient for judgment debtors and their families to live on
under Point a, Clause 2, Article 87 of this Law.
Article
98. Valuation of
distrained assets
1. Upon distraint of assets, if involved parties
can reach agreement on prices of assets or valuation organizations, enforcers
shall make written records of this agreement. Prices of assets agreed by
involved parties shall serve as reserve prices for auction. In case involved
parties reach agreement on valuation organizations, enforcers shall sign
service contracts with these organizations.
2. Within 5 working days after the date of asset
distraint, enforcers shall sign service contracts with valuation organizations
in provinces or centrally run cities where distrained assets exist in the
following cases:
a/ Involved parties cannot reach agreement on
prices of assets and selection of valuation organizations;
b/ Valuation organizations selected by involved
parties refuse to sign service contracts;
c/ Part of judgments or rulings specified in
Clause 1, Article 36 of this Law is enforced.
3. Enforcers may valuate assets in the following
cases:
a/ No service contract specified in Clause 2 of
this Article can be signed;
b/ Distrained assets are raw, perishable or of
small value, the prices of which cannot be agreed upon by involved parties. The
Government shall specify assets of small value.
Article
99. Revaluation of
distrained assets
1. Distrained assets shall be revaluated in the
following cases:
a/ Enforcers seriously violate the provisions of
Article 98 of this Law, resulting in inaccurate asset valuation;
b/ Involved parties request revaluation before
public notification of asset auction.
2. Distrained assets shall be revaluated under
Clauses 2 and 3, Article 98 of this Law.
Article
100. Handover of assets
for judgment enforcement
1. In case involved parties reach agreement to
let judgment creditors receive assets distrained for clearing against sums of money
receivable under judgment enforcement, enforcers shall make written records of
such agreement.
In case of more than one judgment creditor, the
asset recipient shall obtain the consent of other judgment creditors and pay to
the latter sums of money in proportion to the values they are entitled to.
2. The handover of assets for clearing against
sums of money receivable under judgment enforcement shall be conducted within 5
working days after the agreement thereon is reached.
Article
101. Sale of distrained
assets
1. Distrained assets shall be sold by the
following modes:
a/
Auction;
b/
Non-auction sale.
2. Distrained assets being movables valued at
more than VND 10,000,000 and real estate shall be auctioned by auctioneering
organizations.
Involved parties may reach agreement on
auctioneering organizations within 5 working days after the date of valuation.
Enforcers shall sign asset auction service contracts with auctioneering
organizations selected by involved parties. In case involved parties cannot
reach agreement on auctioneering organizations, enforcers shall select these
organizations for signing asset auction service contracts.
Asset auction service contracts shall be signed
within 10 days after the date of asset valuation.
An auction shall be conducted within 30 days,
for movables, and 45 days, for real estate, from the date of contract signing.
3. Enforcers may auction distrained assets in
the following cases:
a/ In provinces or centrally run cities where
assets exist but no auctioneering organization is available or auctioneering
organizations refuse to sign asset auction service contracts;
b/ Movables are valued at between VND 2,000,000
and 10,000,000.
An auction shall be conducted within 30 days,
for movables, and 45 days, for real estate, after the date of asset valuation
or receipt of written refusals of auctioneering organizations.
4. Enforcers may sell without holding an auction
assets valued at under VND 2,000,000 or raw or perishable assets.
Assets shall be sold within 5 working days after
the date of distraint.
5. One working day before an auction is opened,
judgment debtors may receive back assets if they have fully paid judgment
enforcement expenses and other actual and reasonable expenses for coercive
judgment enforcement and organization of an auction.
Judgment debtors shall refund actual and
reasonable expenses to parties registering to purchase assets. Expense levels
shall be agreed by involved parties. If no agreement can be reached, involved
parties shall request courts to rule on expense levels.
6. Auction procedures must comply with the law
on asset auction.
Article
102. Cancellation of asset
auction results
1. Involved parties and enforcers may institute
lawsuits to request courts to settle disputes on asset auction results.
2. In case asset auction results are cancelled
under court judgments or rulings, the handling of assets for judgment
enforcement must comply with this Law.
3. The remedy of consequences and payment of
compensations for damage caused by the cancellation of asset auction results
must comply with law.
Article
103. Handover of auctioned
assets
If judgment debtors or current managers or users
of auctioned assets fail to hand over auctioned assets to purchasers, coercive
handover of assets shall be carried out under Articles 114, 115, 116 and 117 of
this Law.
Article 104. Handling of unsuccessfully auctioned
assets
Within 10 days after the date of unsuccessful
auction, if involved parties do not request revaluation, enforcers shall issue
decisions on reduction of asset prices for further auction. Each price
reduction must not exceed ten per cent of the reserve price.
In case reduced asset prices are lower than
enforcement expenses but judgment creditors refuse to receive assets for
clearing against sums of money receivable under judgment enforcement, these
assets shall be returned to judgment debtors.
Article
105. Release of distrained
assets
1. Distrained assets shall be released in the
following cases:
a/ Involved parties reach agreement on release
of distrained assets without affecting the rights and legitimate interests of a
third party;
b/ Involved parties have fulfilled the judgment
execution obligation and fully paid judgment enforcement expenses under this
Law;
c/ There is a competent person’s decision to cancel
the asset distraint decision;
d/ There is a judgment enforcement termination
decision under Article 50 of this Law.
2. Enforcers shall issue decisions on release
and return of distrained assets to judgment debtors within 5 working days after
obtaining a ground specified in Clause 1 of this Article.
Article
106. Registration
and transfer of asset ownership or use right
1. Purchasers of assets involved in judgment
enforcement and recipients of assets for clearing against sums of money
receivable under judgment enforcement have their ownership and use rights to
these assets.
2. Competent state agencies shall carry out
procedures for registration and transfer of asset ownership or use rights to
purchasers or recipients of assets for clearing against sums of money
receivable under judgment enforcement. Civil judgment enforcement agencies
shall supply all documents and papers specified in Clause 3 of this Article to
purchasers and recipients of assets involved in judgment enforcement.
3. A dossier for registration of ownership or
use right transfer comprises:
a/ A written request of the civil judgment
enforcement agency;
b/ A copy of the judgment or ruling;
c/ The judgment enforcement decision and asset
distraint decision;
d/ A written record of the successful auction or
of the asset handover and receipt for judgment enforcement;
e/ Other asset-related deeds, if any.
4. For assets being land use rights without
certificates or with their certificates irrecoverable, competent agencies shall
grant land use rights certificates under the land law.
For assets subject to compulsory ownership
registration without registration certificates or with their certificates
irrecoverable, agencies with registration competence shall grant ownership
registration certificates.
Newly granted certificates will replace
irrecoverable certificates.
Section 7.
COERCIVE EXPLOITATION OF
ASSETS
Article 107. Coercive exploitation of assets for judgment enforcement
1. Enforcers may coerce the exploitation of
assets of judgment debtors in the following cases:
a/ The value of assets of judgment debtors is
much larger than the judgment execution obligation and these assets can be
exploited for judgment enforcement;
b/ Judgment creditors agree with coercive
exploitation of assets for judgment enforcement, provided the exploitation of
assets does not affect the rights and legitimate interests of third parties
2. Enforcers shall issue decisions on coercive
exploitation of assets. Such a decision must clearly state the form of
exploitation; sum of money, and time limit, time, place and mode of remittance
of money to the civil judgment enforcement agency for judgment enforcement.
Decisions on coercive exploitation of assets
shall be promptly sent to agencies competent to manage or register these assets
and commune-level People’s Committees in localities where these assets exist.
Transactions over and transfer of ownership of
exploited assets are subject to approval of enforcers.
Article
108. Forms of coercive
exploitation of assets for judgment enforcement
Assets of judgment debtors may be coercively
exploited for judgment enforcement in the following forms:
1. Assets which are being exploited by judgment
debtors themselves or by other parties with the permission of judgment debtors
may be further exploited by current exploiters.
For unexploited assets, including land use
rights, enforcers shall request judgment debtors to sign asset exploitation
contracts with organizations or individuals wishing to exploit these assets.
2. Exploiters of assets specified in Clause 1 of
this Article shall remit proceeds from the asset exploitation to civil judgment
enforcement agencies after subtracting necessary expenses.
3. Within 30 days after being requested, if
judgment debtors fail to sign asset exploitation contracts with other parties,
enforcers shall distraint and handle assets for judgment enforcement.
Article
109. Termination of
coercive exploitation of assets
1. Enforcers may issue decisions on termination
of coercive exploitation of assets in the following cases:
a/ The exploitation of assets is ineffective or
impedes the judgment enforcement;
b/ Judgment debtors and asset exploiters fail to
properly comply with enforcers’ requests for asset exploitation;
c/ Judgment debtors have fulfilled the judgment
enforcement obligation and fully paid judgment enforcement expenses;
d/ There is a decision on judgment enforcement
termination.
2. In case the coercive exploitation of assets
is terminated under Points a and b, Clause 1 of this Article, enforcers shall
continue to distrain and handle these assets for judgment enforcement.
In case the coercive exploitation of assets is
terminated under Points c and d, Clause 1 of this Article, enforcers shall,
within 5 working days after the date of decision issuance, issue decisions on
release and return of these assets to judgment debtors.
Section 8.
COERCIVE ENFORCEMENT REGARDING ASSETS BEING LAND USE RIGHTS
Article 110. Land use rights which can be distrained or
auctioned for judgment enforcement
1. Enforcers shall distrain land use rights of
judgment debtors in case land use rights transfer is allowed under the land
law.
2. Judgment debtors who have no land use right
certificates and are eligible for the grant of land use right certificates
under the land law or subject to land recovery under planning but having not
yet received land recovery decisions shall still have their land use rights
distrained and handled.
Article
111. Distraint of land use
rights
1. Upon distraint of land use rights, enforcers
shall request judgment debtors or current managers of land use rights-related
papers to supply these papers to civil judgment enforcement agencies.
2. Upon distraint of rights to use land with
attached assets under ownership of judgment debtors, enforcers shall distrain
the rights to use both land and attached assets.
In case land of judgment debtors has assets
attached to it and these assets are owned by other persons, enforcers may
distrain only land use rights and notify the distraint to persons owning these
assets.
3. A written record the distraint of land use
rights must be made, clearly indicating locations, areas and boundaries of
distrained land plots, and be signed by distraint participants.
Article
112. Temporary assignment
of distrained land areas for management, exploitation or use
1. In case distrained land areas are currently
managed, exploited or used by judgment debtors, enforcers shall temporarily
assign these land areas to these debtors.
In case distrained land areas are currently
managed, exploited or used by other organizations or individuals, these land
areas shall be temporarily assigned to these organizations or individuals.
2. In case judgment debtors or organizations or
individuals defined in Clause 1 of this Article refuse to receive distrained
land areas, enforcers may temporarily assign these areas to other organizations
or individuals for management, exploitation or use. In case no organization or
individual receives distrained land areas, civil judgment enforcement agencies
shall promptly valuate and auction these land areas under law.
3. A written record of the temporary assignment
of distrained land for management, exploitation or use, must be made, clearly
indicating:
a/ The area, category and location of land, land
plot number and map number;
b/ The actual state of land use;
c/ The duration of temporary assignment of land
for management, exploitation or use;
d/ Specific rights and obligations of persons
who are temporarily assigned land for management, exploitation or use.
4. In the duration of temporary assignment of
distrained land for management, exploitation or use, temporary assignees may
not convert the land use purpose, transfer, lease, sub-lease, donate, bequeath,
mortgage or contribute land use rights; may neither alter the actual state of
land use nor use land for improper purposes.
Article
113. Handling of assets
attached to distrained land
1. In case assets attached to distrained land
are owned by other persons, these assets shall be handled as follows:
a/ For assets formed before judgment debtors
receive judgment enforcement decisions, enforcers shall request asset owners to
voluntarily move their assets and return land use rights to judgment debtors.
In case asset owners fail to voluntarily move their assets, enforcers shall guide
asset owners and judgment debtors to reach agreement in writing on an asset
handling method. Within 15 days after the guidance is provided, if these
parties still fail to reach agreement, enforcers shall handle these assets
together with land use rights in order to assure rights and legitimate
interests of judgment debtors and owners of assets attached to land.
In case asset owners are land lessees or
recipients of land use rights contributed as capital by judgment debtors
without forming new legal entities, asset owners may continue signing land
lease contracts or contracts on contribution of land use rights as capital with
auction winners or recipients of land use rights for the remaining term of
contracts they have signed with judgment debtors. In this case, before handling
land use rights, enforcers shall notify bidders and persons requested to
receive land use rights of the right of owners of assets attached to land to
proceed with the signing of contracts;
b/ For assets formed after judgment debtors receive
judgment enforcement decisions, enforcers shall request asset owners to
voluntarily move their assets to return land use rights to judgment debtors. If
15 days after being requested, asset owners still fail to move their assets or
their assets are immovable, enforcers shall handle these assets together with
land use rights.
For assets formed after distraint, if asset
owners fail to move their assets or their assets are immovable, these assets
shall be dismantled. Enforcers shall organize the dismantlement, unless land
use right recipients or land use right auction winners agree to purchase these
assets;
c/ Owners of assets attached to land of judgment
debtors may be refunded proceeds from the sale of assets or receive back assets
in case these assets have been dismantled but shall bear distraint, valuation,
auction and dismantlement expenses.
2. In case assets owned by judgment debtors are
associated with distrained land use rights, enforcers shall handle these assets
together with land use rights.
3. For assets being short-term plants and
animals not yet harvested or assets in an uncompleted closed production cycle,
enforcers shall, after the distraint, handle these assets when the harvesting
season sets in or the closed production cycle is completed.
Section 9.
COERCIVE RETURN OF OBJECTS AND PAPERS AND COERCIVE TRANSFER OF
LAND USE RIGHTS
Article 114. Procedures for coercive return of objects
1. For specific objects, the coercive return
shall be conducted as follows:
a/ Enforcers shall request judgment debtors or
current managers or users of these objects to return them to judgment
creditors. If these persons fail to do so, enforcers shall seize and return
these objects to judgment creditors;
b/ In case the value of objects has decreased
and judgment creditors refuse to receive them back, enforcers shall guide
involved parties in reaching agreement on judgment enforcement. The judgment
enforcement shall be conducted according to the agreement.
In case involved parties cannot reach agreement,
enforcers shall coerce the return of objects to judgment creditors. Involved
parties may institute lawsuits to request courts to settle the damage caused by
the decreased value of returned objects;
c/ In case objects no longer exist or are
irreparably damaged and involved parties otherwise agree on judgment
enforcement, enforcers shall conduct judgment enforcement according to the
agreement.
In case involved parties cannot reach agreement,
heads of civil judgment enforcement agencies shall issue decisions to return
written requests for judgment enforcement. Involved parties may institute
lawsuits to request courts to settle the damage caused by the non-existence or
irreparable damage of returnable objects.
2. For fungible objects, enforcers shall coerce
the return thereof under judgments or rulings.
In case returnable objects no longer exist or
are damaged or devalued, enforcers shall request judgment debtors to return
fungible objects or pay the value of fungible objects, unless otherwise agreed
by involved parties.
3. In case judgment debtors or current managers
or users of returnable objects are likely to disperse or destroy these objects,
enforcers may promptly apply measures to secure judgment enforcement specified
in Article 68 of this Law.
Article
115. Coercive return or
handover of houses
1. In case judgment debtors are obliged to
return houses, enforcers shall compel judgment debtors and other persons
present in these houses to get out, and at the same time request them to move
by themselves their assets out of these houses. If these persons fail to
voluntarily abide by enforcers’ requests, enforcers shall request coercion
forces to move them and their assets out of these houses.
In case owners refuse to receive their assets,
enforcers shall make written records clearly stating the quantity, category and
state of each kind of asset, and assign assets to organizations or individuals
having conditions to preserve, or preserve these assets in warehouses of civil
judgment enforcement agencies and notify the place and time to their owners for
receiving them back.
2. In case judgment debtors are intentionally
absent though they have been notified of coercion decisions, enforcers shall
conduct the coercion under Clause 1 of this Article.
3. Upon the expiration of a time limit of 3
months from the date of notification specified in Clause 1 of this Article, if
owners of preserved assets do not show up to receive, these assets shall be
handled under Clause 2, Article 126 of this Law, unless these owners have
plausible reasons.
4. The coercive return of construction works or
architectural objects under judgments or rulings shall be conducted under
Clauses 1, 2 and 3 of this Article.
5. In case of coercive handover of a house being
the sole residence of a judgment debtor to a person who has purchased it
through auction, if finding that the judgment debtor, after fulfilling judgment
execution obligations, becomes unable to rent or to build a new home, the
enforcer shall, before carrying out procedures for paying to the judgment creditor,
retain a sum of money from the house sale proceeds for the judgment debtor to
rent a home for one year at the average rent rate in the locality. The
remaining judgment execution obligation shall be performed under this Law.
Article
116. Coercive return of
papers
1. Enforcers shall issue decisions on coercive
return of papers by judgment debtors to judgment creditors. In case judgment
debtors fail to return papers, enforcers shall force them to do so for judgment
enforcement.
In case returnable papers are identified to be
held by third parties, enforcers shall request these parties to hand over
papers they are holding. If third parties fail to voluntarily hand over papers,
enforcers shall force them to do so for judgment enforcement.
2. For irrecoverable papers which can be
reissued, enforcers shall request competent agencies or organizations to issue
decisions on revocation of these papers and issue new ones to judgment
creditors.
For irrecoverable papers which cannot be
reissued, heads of civil judgment enforcement agencies shall issue decisions on
return of written requests for judgment enforcement and guide involved parties
in instituting lawsuits to request courts to settle the case.
Article
117. Coercive
transfer of land use rights
1. In case judgments or rulings declare the
obligation to transfer land use rights, enforcers shall organize the transfer
of land areas subject to these land use rights to judgment creditors.
Land areas shall be handed over in the presence
of representatives of land state management agencies of the same level and
commune-level People’s Committees in localities where transferred land areas
exist.
2. Assets attached to transferred land shall be
handled according to the following provisions:
a/ In case they are formed after the judgments
or rulings take legal effect, enforcers shall request owners of these assets to
dismantle these assets or move them out of land areas to be transferred to
judgment creditors. If asset owners fail to do so, enforcers shall coerce the
dismantlement or movement of assets, unless otherwise agreed by involved
parties. Expenses for coercion shall be borne by asset owners.
In case owners of assets attached to land refuse
to receive their assets, enforcers shall make written records, clearly stating
the quantity, category and state of each kind of asset, then assign assets to
organizations or individuals having conditions to preserve them, or preserve
them in warehouses of civil judgment enforcement agencies and notify the place
and time to their owners for coming to receive them.
Upon the expiration of the notified time limit,
if asset owners do not come to receive their assets, these assets shall be
handled under Article 126 of this Law;
b/ In case assets attached to land are formed
before first-instance judgments or rulings are made, but enforced judgments or
rulings do not clearly declare the handling of these assets, civil judgment
enforcement agencies shall request courts that have made such judgments or
rulings to clearly explain the handling of these assets or request competent
courts to review these judgments or rulings according to cassation or
re-opening procedures.
3. The coercive transfer of land use rights to
auction-winners or recipients for clearing against sums of money receivable
under judgment enforcement must comply with Clause 2 of this Article.
Section 10.
COERCIVE PERFORMANCE OF THE OBLIGATION TO DO OR NOT TO DO CERTAIN
JOBS
Article 118. Coercive performance of the obligation to
do certain jobs
1. In case judgment debtors are obliged to do
certain jobs under judgments or rulings but they fail to do so, enforcers shall
decide to impose fines and set a time limit of 5 working days after the date of
issuance of fine decisions for these judgment debtors to perform obligation.
2. Upon the expiration of the set time limit, if
judgment debtors still fail to perform their obligation, enforcers shall:
a/ In case these jobs can be assigned to others
to perform on judgment debtors’ behalf, assign the jobs to persons having
conditions to perform. Expenses for job performance shall be borne by judgment
debtors;
b/ In case these jobs must be performed by
judgment debtors themselves, request competent agencies to examine judgment
debtors, penal liability for the crime of failure to execute judgments.
Article
119. Coercive
performance of the obligation not to do certain jobs
Enforcers shall decide to impose fines on
judgment debtors who fail to voluntarily terminate the performance of jobs
which must not be performed under judgments or rulings. When necessary,
enforcers may request these judgment debtors to restore the original state. In
case these judgment debtors still fail to terminate the performance of these
jobs or to restore the original state, enforcers shall request competent
agencies to examine their penal liability for the crime of failure to execute
judgments.
Article
120. Coercive consignment
of minors to assigned fosterers under judgments or rulings
1. Enforcers shall issue decisions on coercive
consignment of minors to assigned fosterers under judgments or rulings. Before
coercing the consignment of minors to assigned fosterers, enforcers shall
collaborate with local administrations and socio-political organizations in
localities in persuading involved parties to voluntarily execute judgments.
2. In case judgment debtors or current guardians
of minors refuse to consign these minors to assigned fosterers, enforcers shall
issue decisions to impose fines and set a time limit of 5 working days after
the date of issuance of these decisions for these persons to consign minors to
assigned fosterers. Upon the expiration of the set time limit, if these persons
still fail to do so, enforcers shall coerce the consignment of minors or
request competent agencies to examine their penal liability for the crime of
failure to execute judgments.
Article
121. Coercive
reemployment of laborers
1. In case employers refuse to reemploy laborers
under judgments or rulings, enforcers shall issue decisions to impose fines on
individual employers or heads of employing agencies or organizations, and at
the same time set a time limit of 10 days after the date of issuance of these
decisions for employers to reemploy laborers. Upon the expiration of the set
time limit, if employers still fail to do so, enforcers shall request competent
agencies to discipline them or examine their penal liability for the crime of
failure to execute judgments.
2. In case employers cannot arrange reemployed
laborers back to jobs under judgments or rulings, they shall arrange them to do
other jobs with the same salary under the labor law.
In case reemployed laborers do not accept new
jobs and request their employers to pay them amounts they are entitled to under
the labor law, employers shall do so in order to terminate the judgment execution
obligation.
3. Employers shall pay to laborers salary
amounts during the period they cannot arrange these laborers to jobs under
judgments or rulings, counting from the date written requests for judgment
enforcement are made to the date laborers are reemployed or receive amounts
they are entitled to under Clause 2 of this Article.
Chapter V.
JUDGMENT ENFORCEMENT IN SOME SPECIFIC CASES
Section
1.
CONFISCATION INTO THE STATE BUDGET; DESTRUCTION OF ASSETS; REFUND
OF SUMS OF MONEY OR RETURN OF ASSETS WHICH ARE DISTRAINED OR SEIZED UNDER
CRIMINAL JUDGMENTS OR RULINGS
Article 122. Handover of seized material evidence or
assets together with judgments or rulings
1. Seized material evidence and assets under
criminal judgments or rulings to serve the adjudication which not yet been
handed over to civil judgment enforcement agencies in the process of
prosecution and adjudication under the Criminal Procedure Code shall be
transferred to civil judgment enforcement agencies at the time courts hand over
judgments or rulings.
2. The handover and receipt of seized material
evidence and assets shall be conducted at warehouses of civil judgment
enforcement agencies. Handing parties shall transport these material evidence
and assets to warehouses of civil judgment enforcement agencies.
For seized material evidence and assets which
cannot be transported or moved to warehouses of civil judgment enforcement
agencies for preservation, places for their handover and receipt are places
where these material evidence and assets are currently consigned or kept or
exist.
3. The receipt of assets shall be attended by
heads of civil judgment enforcement agencies or their authorized persons,
warehouse keepers and accountants of these agencies.
Article
123. Procedures for
receipt of seized material evidence and assets
The receipt of seized material evidence and
assets shall be conducted according to the following procedures:
1. Warehouse keepers shall directly receive and
inspect the conditions of seized material evidence and assets and consign them
into warehouses for judgment enforcement. The handover and receipt of seized
material evidence and assets must be recorded in writing, such a written record
must clearly state the time and date of handover and receipt; quantity,
category and conditions of each kind of material evidence or asset, compared
with the initial seizure record of the police or court. Civil judgment
enforcement agencies shall only receive assets in full and true to their
conditions stated in the initial seizure records. In case seized material
evidence and assets have been altered as compared with the initial seizure
records, heads of handing and receiving agencies shall inspect them and make
conclusions and civil judgment enforcement agencies shall receive them only after
the alterations are clarified by competent agencies.
Written records of handover and receipt of
seized material evidence and assets must be signed by representatives and
appended the seals of handing and receiving agencies, if any.
2. In case seized material evidence and assets
are handed over in the form of sealed packages, civil judgment enforcement
agencies shall receive them only when obtaining results of verification of the
quantity, category and quality of each kind of material evidence or asset in
sealed packages from competent agencies seized. For seized material evidence
and assets being narcotics, civil judgment enforcement agencies shall receive
them only in the form of packages enclosed with verification results of
competent agencies.
Upon handover and receipt, written records
thereof must be made, clearly stating the conditions of the sealed material
evidence and assets, and signed by handing and receiving parties. In case seals
are broken or show abnormal signs, civil judgment enforcement agencies shall
receive the sealed material evidence and assets only when obtaining
verification results of competent agencies.
Article
124. Handling
of seized material evidence and assets which are pronounced to be confiscated
into the state budget
1. For seized material evidence and assets which
are pronounced under judgments or rulings to be confiscated into the state
budget, civil judgment enforcement agencies shall, within 10 days after the
date of issuance of judgment enforcement decisions, notify such in writing and
hand over these material evidence and assets to finance agencies at the same
level. Assets confiscated into the state budget by military zone-level judgment
enforcement agencies shall be handed over to provincial-level finance agencies
in localities where military zone-level judgment enforcement agencies are
located.
Expenses for handling seized material evidence
and assets ruled to be confiscated into the state budget shall be paid by
finance agencies receiving these material evidence and assets under law.
2. The handover of seized material evidence and
assets shall be accompanied with judgment enforcement decisions, judgments or
rulings or their valid copies made by civil judgment enforcement agencies.
3. The handover of seized material evidence and
assets shall be attended by heads of civil judgment enforcement agencies or
their authorized persons, accountants, warehouse keepers and representatives of
finance agencies. The handover and receipt of seized material evidence and
assets shall be recorded in writing. Such a written record must specifically
describe the current conditions of these material evidence and assets, and be
signed by representatives and appended the seals of handing and receiving
agencies, if any.
4. In case decisions on confiscation of seized
material evidence and assets have been enforced but later detected to be
erroneous and cancelled under decisions of competent agencies, civil judgment
enforcement agencies shall coordinate with finance agencies at the same level
or provincial-level finance agencies in localities where military zone-level
judgment enforcement agencies are located in carrying out procedures for
refunding sums of money already remitted into the state budget under law.
Article
125. Destruction
of material evidence and assets
1. Within one month after the date of issuance
of judgment enforcement decisions, heads of civil judgment enforcement agencies
shall issue decisions to set up councils for destruction of material evidence
and assets subject to destruction under judgments or rulings, unless immediate
destruction is required by law.
2. A council for destruction of material
evidence and assets is composed of an enforcer as its chairman, a
representative of the finance agency at the same level as a member and
representatives of professional agencies, when necessary.
3. Procuracies at the same level shall inspect
the observance of law in the destruction of material evidence and assets.
Article
126. Return of
seized money and assets to involved parties
1. Heads of civil judgment enforcement agencies
shall issue decisions on return of seized money and assets in case it is
pronounced under judgments or rulings that assets must be returned to involved
parties.
In case parties are returned sums of money and
assets already seized and concurrently obliged to pay money but fail to
voluntarily execute judgments, enforcers shall handle these sums of money and
assets for judgment enforcement.
2. After decisions on return of seized money and
assets are issued, enforcers shall notify involved parties of the time and
place for receiving back money and assets.
Past 15 days after the date of notification, if
involved parties do not come to receive back sums of money, enforcers shall
deposit these sums of money as demand savings at banks and notify involved
parties thereof.
Upon the expiration of 3 months after the date
of notification, if involved parties do not come to receive back assets without
plausible reasons, enforcers shall handle assets under Articles 98, 99 and 101
of this Law and deposit collected sums of money as demand savings at banks and
notify involved parties thereof.
Upon the expiration of 5 years after judgments
or rulings take legal effect, if involved parties do not come to receive sums
of money deposited as savings without plausible reasons, civil judgment
enforcement agencies shall carry out procedures for remitting them into the
state budget.
3. Heads of civil judgment enforcement agencies
shall issue decisions on destruction of unsold or irreparably damaged assets
and organize the destruction under Article 125 of this Law.
For papers related to assets or the personal
status of involved parties, if past one year after the date of notification
involved parties do not come to receive back these papers, enforcers shall
carry out procedures for transferring these papers to their issuers for
handling under regulations.
4. In case returned assets being sums of money
in Vietnam dong or foreign currencies are damaged and can no longer be used due
to faults of procedural agencies or civil judgment enforcement agencies in the
course of preservation and involved parties refuse to receive them back, civil
judgment enforcement agencies shall request the State Bank to change them into
new banknotes of equivalent par value before returning them to involved
parties.
For assets being sums of money in Vietnam dong
or foreign currencies which are damaged and can no longer be used not due to
faults of procedural agencies or civil judgment enforcement agencies and
involved parties refuse to receive them back, civil judgment enforcement
agencies shall transfer them to the State Bank for handling under law.
5. The return of advanced court fee amounts
under judgments or rulings must comply with Clauses 1, 2, 3 and 4 of this Article.
Article
127. Handling of assets
pronounced under judgments or rulings to be distrained for securing
judgment enforcement
Enforcers shall handle under Articles 98, 99,
100 and 101 of this Law assets which are pronounced under judgments or rulings
to be distrained for security of judgment enforcement in case judgment debtors
fail to voluntarily execute judgments.
Article
128. Collection of court
fee, fines and other receivables from judgment debtors who are serving
imprisonment sentences
1. Superintendents of custody facilities and
detention camps where judgment debtors are serving imprisonment sentences shall
collect sums of money and assets payable by judgment debtors or their relatives
for judgment enforcement and transfer them under law to civil judgment
enforcement agencies.
2. In case judgment debtors have been
transferred to another custody facility or detention camp, granted amnesty or
exempted from serving imprisonment sentences, or are dead, superintendents of
custody facilities or detention camps where they serve imprisonment sentences
shall notify such in writing to civil judgment enforcement agencies.
Article 129. Procedures for returning money and assets
to judgment creditors who are serving imprisonment sentences
1. Enforcers shall send notices and decisions on
return of money and assets to judgment creditors who are serving imprisonment
sentences through superintendents of their custody facilities or detention
camps.
In case judgment creditors authorize other
persons to receive money and assets, letters of authorization must be certified
by superintendents of their custody facilities or detention camps. Enforcers
shall return money and assets to authorized persons.
2. In case judgment creditors request and are
allowed to receive money and assets at places where they are serving
imprisonment sentences under law, enforcers shall send money and assets to
these persons through superintendents of their custody facilities or detention
camps. Expenses for the sending shall be borne by judgment creditors. Upon
handover of money and assets to involved parties, superintendents of custody
facilities or detention camps shall make written records thereof and send them
to civil judgment enforcement agencies.
3. In case judgment creditors who are serving imprisonment
sentences refuse to receive back sums of money and assets and their written
refusal is certified by superintendents of their custody facilities or
detention camps, enforcers shall handle these sums of money and assets for
remittance into the state budget or destruction under this Law.
Section 2.
ENFORCEMENT OF RULINGS ON APPLICATION OF PROVISIONAL URGENT
MEASURES
Article 130. Procedures for enforcing rulings on
application of provisional urgent measures
1. Within 24 hours after receiving judgment
enforcement decisions, enforcers shall apply without delay the following
security or coercive measures:
a/ Coercive measures specified in Articles 118,
119, 120 and 121 of this Law to secure the enforcement of rulings on banning
involved parties from performing or forcing them to perform certain acts;
consigning minors to individuals or organizations for care, fostering,
nurturing and educating; and suspending enforcement of rulings on dismissal of
employees;
b/ Coercive measures specified in Clauses 1, 2,
3 and 5, Article 71 of this Law to secure the enforcement of rulings on
compelling early performance of part of the alimony obligation or the
obligation to pay compensations for loss of life or damage to health; and
compelling advance payment by employers of salaries, remuneration, labor
accident or occupational disease compensations and allowances to employees;
c/ Coercive measures specified in Article 75 of
this Law to secure the application of the provisional urgent measure of
distraint of disputed assets.
d/ Security measures specified in Articles 66,
67, 68 and 69 of this Law to secure the enforcement of rulings on prohibiting
the transfer of property rights to disputed assets, or change of the current
state of disputed assets; blockading accounts at banks or other credit
institutions; blockading assets in places where they are consigned for
safekeeping or assets of obligors;
e/ Coercive measures specified in Clause 2,
Article 71 and Articles 98, 99, 100 and 101 of this Law to secure the
enforcement of rulings on permitting the harvest and sale of cash crops or
other commodity products.
2. In case judgment debtors reside or have
assets in other localities, heads of civil judgment enforcement agencies shall,
depending on a case-by-case basis, issue decisions to entrust civil judgment
enforcement agencies in localities where these persons reside or have assets to
organize the enforcement of rulings on application of provisional urgent
measures.
Article
131. Enforcement of
rulings on alteration of provisional urgent measures or application of
additional ones
1. When receiving court rulings on alteration of
provisional urgent measures or application of additional ones, heads of civil
judgment enforcement agencies shall promptly issue judgment enforcement decisions,
and at the same time revoke judgment enforcement decisions regarding overturned
rulings on application of provisional urgent measures.
2. In case overturned rulings on application of
provisional urgent measures have been partially or completely enforced, heads
of civil judgment enforcement agencies shall notify courts thereof and explain
the right to request courts to handle the case to involved parties.
Article 132. Termination of enforcement of rulings on
application of provisional urgent measures
1. In case courts rule to quash rulings on
application of provisional urgent measures, upon receiving new court rulings,
heads of civil judgment enforcement agencies shall issue decisions on
termination of enforcement of rulings on application of provisional urgent
measures.
Within 24 hours after receiving decisions on
termination of enforcement of rulings on application of provisional urgent
measures, enforcers shall carry out procedures to release and return distrained
assets, release blockaded assets or accounts of obligors.
2. In case rulings on application of provisional
urgent measures are quashed by courts but have been partially or completely
enforced by civil judgment enforcement agencies, the interests of involved
parties shall be settled under Clause 2, Article 131 of this Law.
Article
133. Expenses for
enforcement of court rulings on application of provisional urgent measures
1. Expenses for enforcement of court rulings on
application of provisional urgent measures shall be advanced by the state
budget under Article 73 of this Law.
Persons who have requested courts to make
rulings on wrongful application of provisional urgent measures shall pay actual
expenses for the enforcement of these rulings. Advances shall be deducted and
security assets shall be handled to cover these expenses.
2. In case courts apply provisional urgent
measures at their own will, enforcement expenses shall be covered by the state
budget.
Section 3.
ENFORCEMENT OF CASSATION OR RE-OPENING RULINGS
Article 134. Enforcement of cassation or re-opening
rulings upholding legally effective judgments or rulings
In case cassation or re-opening rulings uphold
legally effective judgments or rulings which have not yet been enforced or have
been partially enforced, heads of civil judgment enforcement agencies shall
issue decisions on continued judgment enforcement. In case these judgments or
rulings have been completely enforced, heads of civil judgment enforcement
agencies shall notify such to courts which have made cassation or reopening
rulings, procuracies at the same level and involved parties.
Article
135. Enforcement of cassation rulings upholding
lower-level courts’ lawful judgments or rulings which have been quashed or
modified
1. In case cassation rulings uphold lower-level courts’
lawful judgments or rulings which have been quashed or modified, enforcement
shall be conducted under these cassation rulings and lower-level courts’ lawful
judgments or rulings which have been quashed or modified.
2. For parts of lower-level courts’ judgments or
rulings which have not been quashed or modified and not yet been enforced,
heads of civil judgment enforcement agencies shall issue decisions on continued
judgment enforcement. If these parts have been completely enforced, heads of
civil judgment enforcement agencies shall notify such to courts which have made
cassation rulings, procuracies at the same level and involved parties.
3. For parts of court judgments or rulings
quashing or modifying lower-level courts’ judgments or rulings which have been
partially or completely enforced, involved parties may reach agreement on
return of assets or restoration of property rights.
In case assets for judgment enforcement being
movables subject to compulsory ownership registration or real estate are still
in their operational conditions, the return of these assets to their owners
shall be coerced.
In case assets have been lawfully transferred to
third parties for bona fide possession through auctions or sold to persons who
have become, under judgments or decisions of competent state agencies, owners
of these assets but then no longer own these assets due to the fact that
judgments or rulings are quashed or modified or the state of assets subject to
judgment enforcement has been altered, original owners of these assets may not
receive back their assets but may have the value of these assets refunded.
In case of claims for damages, agencies that
have made judgments or rulings which have been quashed or modified shall settle
them under law.
Article 136. Enforcement
of cassation or reopening rulings quashing legally effective judgments or
rulings
1. In case cassation or re-opening rulings quash
legally effective judgments or rulings and order that first-instance or
appellate adjudication must be held again, judgment enforcement shall be
conducted under new legally effective first-instance judgments or rulings or
new appellate judgments.
2. In case cassation or re-opening rulings quash
legally effective judgments or rulings and stop the handling of the cases, and
the property part of quashed judgments or rulings has been partially or
completely enforced. Clause 3, Article 135 of this Law must be complied with.
Section 4.
ENFORCEMENT OF RULINGS ON BANKRUPTCY
Article 137. Suspension,
termination or resumption of judgment enforcement for judgment debtors being
enterprises or cooperatives falling into bankruptcy
1.After receiving court notices of acceptance of
applications for opening of bankruptcy procedures, heads of civil judgment
enforcement agencies shall issue decisions on suspension of assets-related
enforcement with judgment debtors being enterprises or cooperatives falling
into bankruptcy under Clause 2, Article 49 of this Law.
After issuing decisions on suspension of
judgment enforcement, heads of civil judgment enforcement agencies shall notify
courts which are settling requests for bankruptcy declaration of results of
judgment enforcement for enterprises or cooperatives falling into bankruptcy.
2. Heads of civil judgment enforcement agencies
shall issue decisions on suspension of assets-related judgment enforcement with
judgment debtors being enterprises or cooperatives falling into bankruptcy
right after receiving court rulings on opening bankruptcy procedures.
The continued performance of the property obligation
by enterprises or cooperatives being judgment debtors in this case must comply
with the Bankruptcy Law. Heads of civil judgment enforcement agencies shall
direct enforcers in handing over to asset management and liquidation teams
judgment enforcement documents related to the continued performance of the
property obligation of enterprises or cooperatives falling into bankruptcy.
3. Within 5 working days after making rulings on
termination of bankruptcy or business resumption procedures, judges who carry
out bankruptcy procedures shall send these rulings enclosed with all dossiers
related to judgment enforcement to civil judgment enforcement agencies which
have issued decisions on termination of assets-related judgment enforcement
with judgment debtors being enterprises or cooperatives falling into
bankruptcy.
Within 5 working days after receiving rulings on
termination of bankruptcy or business resumption procedures, heads of civil
judgment enforcement agencies shall issue decisions on revocation of decisions
on termination of judgment enforcement and resume judgment enforcement for the
to be-performed part of the property obligation which has been terminated for
enterprises or cooperatives, and assign enforcers to organize the enforcement
of the case under this Law.
Article
138. Enforcement of court rulings in the course
of opening bankruptcy procedures
1. Heads of civil judgment enforcement agencies
shall issue no decision on enforcement of rulings made by judges carrying out
bankruptcy procedures, including rulings on application of provisional urgent
measures, except for cases specified in Article 139 of this Law.
Enforcers and asset management and liquidation
teams shall organize enforcement under the rulings of judges carrying out
bankruptcy procedures.
2. Within 2 working days after receiving rulings
on opening bankruptcy procedures, heads of asset management and liquidation
teams shall compile bankruptcy judgment enforcement dossiers.
Article
139. Performance of the property obligation of
enterprises or cooperatives arising after rulings on bankruptcy declaration are
made
In case enterprises or cooperatives have not yet
paid debts arising after rulings on bankruptcy declaration are made, creditors
with unpaid debts may file requests with courts for settlement. When obtaining
court rulings on settlement, involved parties may request civil judgment
enforcement agencies to issue judgment enforcement decisions and organize the
enforcement under this Law.
Chapter VI.
COMPLAINTS AND DENUNCIATIONS ABOUT AND PROTESTS AGAINST CIVIL
JUDGMENT ENFORCEMENT
Section
1.
COMPLAINTS ABOUT CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF
Article 140. The right to complain about judgment
enforcement
1. Involved parties and persons with related
rights and obligations have the right to complain about decisions or acts of
heads of civil judgment enforcement agencies or enforcers if they have grounds
to believe that these decisions or acts are illegal or having infringed upon
their rights and legitimate interests.
2. Statute of limitations for lodging complaints
about decisions or acts of heads of civil judgment enforcement agencies or
enforcers are as follows:
a/ Fifteen days after receiving decisions or
knowing acts, for judgment enforcement decisions or acts before the application
of security or coercive measures;
b/ Three working days after receiving decisions,
for decisions on application of the measure of blockading accounts.
Ten days after receiving decisions on or knowing
acts of application of other security measures;
c/ Thirty days after receiving decisions on or
knowing acts of application of coercive measures;
d/ Thirty days after receiving decisions or
knowing acts after application of coercive measures.
In case due to objective obstacles or force
majeure circumstances, complainants cannot exercise the right to lodge
complaints within the set time limit, the period when these objective obstacles
or force majeure circumstances exist will not be counted into the time limit
for lodging complaints.
For further complaints, the statute of
limitations is 15 days after receiving competent persons’ complaint settlement
decisions.
Article
141. Cases in which
complaints are not accepted for settlement
1. Complained decisions or acts are not directly
related to rights and legitimate interests of complainants.
2. Complainants do not have the full civil act
capacity and lawful representative, unless otherwise provided for by law.
3. Complainants’ representatives have no papers
proving their lawful representation.
4. The statute of limitations for lodging
complaints expires.
5. There have been effective complaint
settlement decisions, except for the cases specified at Point b, Clause 4 and
Point b, Clause 7, Article 142 of this Law.
Article
142. Competence to settle
complaints about judgment enforcement
1. Heads of district-level civil judgment
enforcement agencies shall settle complaints about illegal decisions or acts of
enforcers managed by their agencies.
2. Heads of provincial-level judgment
enforcement agencies shall settle the following complaints:
a/ Complaints about illegal decisions or acts of
enforcers managed by their agencies;
b/ Complaints about illegal decisions or acts of
heads of district-level civil judgment enforcement agencies;
c/ Complaints about complaint settlement
decisions of heads of district-level civil judgment enforcement agencies.
Complaint settlement decisions of provincial-level judgment enforcement
agencies will be effective for enforcement.
3. The head of the civil judgment enforcement
management agency of the Justice Ministry shall settle the following
complaints:
a/ Complaints about illegal decisions or acts of
heads of provincial-level civil judgment enforcement agencies;
b/ Complaints about complaint settlement
decisions of heads of provincial-level civil judgment enforcement agencies.
Complaint settlement decisions of the head of the civil judgment enforcement
management agency of the Justice Ministry will be effective for enforcement.
4. The Justice Minister shall settle the
following complaints:
a/ Complaints about complaint settlement
decisions of the head of the civil judgment enforcement management agency of
the Justice Ministry specified at Point a, Clause 3 of this Article. Complaint
settlement decisions of the Justice Minister will be effective for enforcement;
b/ When necessary, the Justice Minister may
review complaint settlement decisions which are effective for enforcement
specified in Clauses 2 and 3 of this Article.
5. Heads of military zone-level judgment
enforcement agencies shall settle complaints about illegal decisions or acts of
their enforcers.
6. The head of the judgment enforcement
management agency of the Defense Ministry shall settle the following
complaints:
a/ Complaints about illegal decisions or acts of
heads of military zone-level judgment enforcement agencies;
b/ Complaints about complaint settlement
decisions of heads of military zone-level judgment enforcement agencies.
Complaint settlement decisions of the head of the judgment enforcement
management agency of the Defense Ministry will be effective for enforcement.
7. The Defense Minister shall settle the
following complaints:
a/ Complaints about complaint settlement
decisions of the head of the judgment enforcement management agency of the
Defense Ministry. Complaint settlement decisions of the Defense Minister will
be effective for enforcement;
b/ When necessary, the Defense Minister may
review complaint settlement decisions of the head of the judgment enforcement
management agency of the Defense Ministry specified at Point b, Clause 6 of
this Article.
Article
143. Rights and
obligations of complainants
1. Complainants have the following rights:
a/To lodge complaints by themselves or through
their lawful representatives;
b/ To hire lawyers to provide legal consultancy
in the complaining process;
c/ To receive complaint settlement decisions;
d/ To get access to proofs serving as grounds
for complaint settlement; to show proofs relevant to complaints and give their
opinions on these proofs;
e/ To have their rights and legitimate
interests, which have been infringed upon, restored, and enjoy compensations
for damage, if any;
f/ To lodge further complaints if disagreeing
with first-time complaint settlement decisions of persons with
complaint-settling competence;
g/ To withdraw their complaints at any stage of
the process of complaint settlement.
2. Complainants have the following obligations:
a/ To lodge their complaints with persons with
complaint-settling competence;
b/ To honestly report their cases and supply information
and documents to complaint settlers; to be held responsible before law for the
reported cases and supplied information and documents;
c/ To strictly abide by effective complaint
settlement decisions and decisions of the Justice Minister and the Defense
Minister specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of
this Law.
Article
144. Rights and
obligations of complained persons
1. Complained persons have the following rights:
a/ To get access to grounds on which
complainants have lodged complaints; to show proofs of the legality of
complained decisions or acts;
b/ To receive complaint settlement decisions.
2. Complained persons have the following
obligations:
a/ To explain complained decisions or acts,
supply relevant information and documents when so requested by persons with
complaint-settling competence;
b/ To strictly abide by effective complaint
settlement decisions and decisions of the Justice Minister and the Defense
Minister specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of
this Law;
c/ To pay compensations or indemnities and
remedy consequences caused by their illegal decisions or acts under law.
Article
145. Rights and
obligations of persons with complaint-settling competence
1. Persons with complaint-settling competence
have the following rights:
a/ To request complainants, complained persons
and persons with related interests and obligations to supply information and
documents related to complaints;
b/ To suspend the enforcement of complained decisions
or performance of complained acts or request civil judgment enforcement
agencies to suspend judgment enforcement during the period of complaint
settlement under this Law, if they believe that the judgment enforcement will
affect rights and legitimate interests of involved parties or the settlement of
complaints.
2. Persons with complaint-settling competence
have the following obligations:
a/ To receive and settle complaints about
decisions or acts;
b/ To notify in writing the acceptance of
complaints for settlement and send complaint settlement decisions to
complainants;
c/ To be held responsible before law for their
settlement of complaints.
Article
146. Time limits for
settlement of complaints
1. For decisions or acts specified at Point a,
Clause 2, Article 140 of this Law, the time limits for settlement of first-time
and second-time complaints are 15 days and 30 days, respectively, from the date
of acceptance of complaints.
2. For decisions or acts specified at Point b,
Clause 2, Article 140 of this Law, the time limit for settlement of complaints
is 5 working days from the date of acceptance of complaints.
3. For decisions or acts specified at Point c,
Clause 2, Article 140 of this Law, the time limits for settlement of first-time
and second-time complaints are 30 days and 45 days, respectively, from the date
of acceptance of complaints.
When necessary, for complicated cases, the time
limit for complaint settlement may be prolonged but must not exceed 30 days
after the expiration of the original time limit.
4. For decisions or acts specified at Point d,
Clause 2, Article 140 of this Law, the time limits for settlement of first-time
and second-time complaints are 15 days and 30 days, respectively, from the date
of acceptance of complaints.
Article
147. Forms of complaints
Complainants may lodge their complaints in any
of the following forms:
1. Sending written complaints to agencies with
complaint-settling competence. Such a written complaint must clearly state the
date of complaint; full name and address of the complainant; full name and
address of the complained person; complaining contents, reason for complaint
and request for settlement. Written complaints must be signed or fingerprinted
by complainants.
2. Orally presenting complaint contents at agencies
with complaint-settling competence. Persons responsible for receiving
complaints shall guide complainants in writing down their complaints or record
presented complaint contents under Clause 1 of this Article, and have these
documents signed or fingerprinted by complainants.
3. Lodging complaints through their
representatives. Representatives must have papers proving the legality of the
representation and the lodging of complaints must strictly comply with the
procedures specified in Clauses 1 and 2 of this Article.
Article
148. Acceptance of
complaints
Within 5 working days after receiving complaints
falling under their competence and outside the cases specified in Article 141
of this Law, persons with first-time complaint-settling competence shall accept
these complaints for settlement and notify in writing complainants of the
acceptance. In case they refuse to accept complaints for settlement, they shall
notify and clearly state reasons for the refusal to complainants.
Article
149. Complaint settlement
dossiers
1. Complaint settlement must be recorded in
dossiers. A complaint settlement dossier comprises:
a/ A written complaint or a written record of
complaint contents;
b/ A written explanation of the complained
person;
c/ Written records of verification, inspection,
conclusion and results of assessment;
d/ Complaint settlement decision;
e/ Other relevant documents.
2. Complaint settlement dossiers shall be
numbered and archived under law.
Article
150. Order of
settlement of first-time complaints
After accepting complaints, persons with
complaint-settling competence shall conduct verification and request complained
persons to vindicate themselves, and when necessary, may consult experts or
organize dialogues to clarify complaint contents, requests of complainants and
settlement directions.
Persons with complaint-settling competence shall
issue decisions on settlement of complaints falling under their competence.
Article
151. Contents of a
first-time complaint settlement decision
1. Date of issuance.
2. Full names and addresses of complainant and
complained person.
3. Complaint contents.
4. Results of verification of complaint
contents;
5. Legal grounds for settlement.
6. Conclusions on correct, partially correct or
wholly wrongful complaint contents.
7. Upholding, modification, cancellation or
request for partial modification or cancellation of the complained decision or
act, or forcible termination of the enforcement or performance of the
complained decision or act.
8. The payment of compensation for damage and
remedying of consequences caused by the illegal decision or act.
9. Guidance on the complainant’s right to lodge
a further complaint.
Article
152. Procedures for
settling second-time complaints
1. In case of further complaining, complainants
shall lodge complaints enclosed with copies of first-time complaint settlement
decisions and relevant documents with persons with second-time
complaint-settling competence.
2. In the course of second-time complaint
settlement, persons with complaint-settling competence have the rights provided
for in Article 145 of this Law and may request first-time complaint settlers,
concerned agencies, organizations and individuals to supply information,
documents and proofs related to complaint contents; summons complained persons
and complainants for organizing dialogues when necessary; verify complaint
contents; consult experts, and take other measures provided for by law to
settle complaints. When receiving requests, concerned agencies, organizations and
individuals shall satisfactorily respond to them.
Persons with second-time complaint settlement
competence shall issue complaint settlement decisions.
Article
153. Contents of a
second-time complaint settlement decision
1. Date of issuance.
2. Full names and addresses of the complainant
and complained person.
3. Complaint contents.
4. Results of verification of complaint
contents.
5. Legal grounds for the settlement.
6. Conclusions on complaint contents and
settlement by the person with second-time complaint settlement competence.
7. Upholding, modification, cancellation or
request for partial modification or cancellation of the complained decision or
act, or forcible termination of the enforcement or performance of the
complained decision or act.
8. The payment of compensation for damage and
remedying of consequences caused by the illegal decision or act.
Section
2.
DENUNCIATIONS ABOUT CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT
THEREOF
Article 154. Persons with the right to denounce
Citizens may lodge denunciations with competent
agencies, organizations or individuals about illegal acts of heads of civil
judgment enforcement agencies, enforcers and other civil servants engaged in
civil judgment enforcement who cause damage or threat to cause damage to the
interests of the State, rights and legitimate interests of citizens, agencies
and organizations.
Article
155. Rights and
obligations of denouncers
1. Denouncers have the following rights:
a/ To lodge written denunciations with or orally
present denunciations to competent agencies, organizations or individuals;
b/ To request confidentiality of their full
names, addresses and autographs;
c/ To be notified of denunciation settlement
results;
d/ To request competent agencies, organizations
and individuals to protect them when they are intimidated, bullied or at risk
of being revenged.
2. Denouncers have the following obligations:
a/ To honestly present denunciation contents and
supply related documents;
b/ To give their full names and addresses;
c/ To be held responsible before law for
untruthful denunciations.
Article
156. Rights and
obligations of denounced persons
1. Denounced persons have the following rights:
a/ To be notified of denunciation contents;
b/ To show proofs of the untruthfulness of denunciation
contents;
c/ To have their infringed rights and legitimate
interests and damaged honor restored; to be paid compensations for damage
caused by wrongful denunciations;
d/ To request competent agencies, organizations
and individuals to handle persons who make untruthful denunciations.
2. Denounced persons have the following
obligations:
a/ To explain their denounced acts; to supply
information and relevant documents when so requested by competent agencies,
organizations and individuals;
b/ To strictly abide by handling decisions of
competent agencies, organizations and individuals;
c/ To pay compensations for damage and remedy
consequences caused by their illegal acts under law.
Article
157. Competence, time
limit and procedures for denunciation settlement
1. Denunciations about illegal acts of persons
managed by agencies or organizations shall be settled by heads of these
agencies or organizations.
2. In case denounced persons are heads of civil
judgment enforcement agencies, heads of immediately higher-level civil judgment
enforcement agencies or the head of the civil judgment enforcement management
agency of the Justice Ministry shall settle denunciations.
In case denounced persons are heads of military
zone-level judgment enforcement agencies, the head of the civil judgment
enforcement management agency of the Defense Ministry shall settle
denunciations.
The time limit for settling denunciations is 60
days after the date of acceptance. For complicated cases, it may be prolonged
but must not exceed 90 days.
3. Denunciations about illegal acts showing
signs of crime shall be settled under the Criminal Procedure Code.
4. Procedures for settling denunciations comply
with the law on complaints and denunciations.
Article
158. Responsibilities of
persons with denunciation-settling competence
1. Competent agencies, organizations and
individuals shall, within the ambit of their tasks and powers, receive and
promptly and lawfully settle denunciations; strictly handle violators; apply
necessary measures to prevent damage; ensure that settlement decisions are
strictly enforced, and be held responsible before law for their decisions.
2. Persons with denunciation-settling competence
who fail to settle denunciations, settle denunciations irresponsibly or in
contravention of law shall, depending on the nature and severity of their
violations, be disciplined or examined for penal liability. If causing damage,
they shall pay compensations therefor under law.
Article 159. Inspection of the observance of law
in settling complaints or denunciations about civil judgment enforcement
Procuracies shall inspect the observance of law
in settling complaints or denunciations about civil judgment enforcement under
law. Procuracies may request civil judgment enforcement agencies at the same
level or lower levels and responsible agencies, organizations and individuals
to ensure the grounded and lawful settlement of complaints and denunciations.
Section 3.
PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF
Article 160. The right of procuracies to protest
1. Procuracies may protest against decisions or
acts of heads of civil judgment enforcement agencies at the same level or lower
levels and their enforcers under the Law on Organization of People’s
Procuracies.
2.The time limit for procuracies at the same
level or higher levels to protest is 15 days or 30 days, respectively, from the
date of receipt of unlawful decisions or detection of violation acts.
Article
161. Replies to protests
of procuracies
1. Heads of civil judgment enforcement agencies
shall reply to protests of procuracies against their judgment enforcement
decisions or those of enforcers under their management within 15 days after the
date of receipt of protests.
If accepting protests of procuracies, heads of
civil judgment enforcement agencies shall, within 5 working days after the date
of reply to protests, comply with these protests.
2. In case heads of civil judgment enforcement
agencies disagree with protests of procuracies, they shall act as follows:
a/ Heads of district-level civil judgment
enforcement agencies in localities where protested decisions or acts are issued
or taken shall report protests to provincial-level civil judgment enforcement
agencies and chairmen of immediately higher-level procuracies. Heads of
provincial-level civil judgment enforcement agencies shall consider these
protests and reply within 30 days after receiving reports. Written replies of
heads of provincial-level civil judgment enforcement agencies will be effective
for implementation;
b/ Heads of provincial-level civil judgment
enforcement agencies whose decisions or acts are protested against shall report
protests to the head of the civil judgment enforcement management agency of the
Justice Ministry and the Supreme People’s Procuracy. The head of the civil
judgment enforcement management agency of the Justice Ministry shall consider
these protests and reply within 30 days after receiving reports. Written
replies of the head of the civil judgment enforcement management agency of the
Justice Ministry will be effective for implementation.
c/ Heads of military zone-level judgment
enforcement agencies whose decisions or acts are protested against shall report
protests to the head of the civil judgment enforcement management agency of the
Defense Ministry and the Central Military Procuracy. The head of the civil
judgment enforcement management agency of the Defense Ministry shall consider
these protests and reply within 30 days after receiving reports. Written
replies of the head of the civil judgment enforcement management agency of the
Defense Ministry will be effective for implementation.
3. In case written replies to protests specified
in Clause 2 of this Article are found groundless, the Chairman of the Supreme
People’s Procuracy may request the Justice Minister to reconsider effective
written replies of heads of provincial-level civil judgment enforcement
agencies or the head of the civil judgment enforcement management agency of the
Justice Ministry, or request the Defense Minister to reconsider effective
written replies of heads of military zone-level judgment enforcement agencies
or the head of the civil judgment enforcement management agency of the Defense
Ministry.
Chapter VII.
HANDLING OF VIOLATIONS
Article 162. Acts of administrative violation in civil
judgment enforcement
1. Failing to show up for judgment enforcement
without plausible reasons after receiving the second notice or summons.
2. Intentionally failing to enforce a court
ruling on application of provisional urgent measures or a judgment or ruling
which must be enforced without delay.
3. Failing to perform a job which must be
performed or to terminate the performance of a prohibited job under a judgment
or ruling.
4. Intentionally delaying the performance of the
judgment enforcement obligation through having conditions therefor.
5. Dispersing or damaging assets to shirk the
judgment enforcement obligation or the asset distraint.
6. Failing to comply with enforcers’ request for
supply of information and documents related to assets handled for judgment
enforcement without plausible reasons.
7. Illegally using, consuming, transferring,
fraudulently exchanging, concealing or altering the state of distrained assets,
which is not seriously enough for penal liability examination.
8. Opposing, obstructing or instigating others
to oppose or obstruct the judgment enforcement; verbally abusing, blaspheming
or offending judgment enforcers on duty; disturbing public order at places
where judgment enforcement is conducted or other acts of obstructing civil
judgment enforcement activities, which are not serious enough for penal
liability examination.
9. Breaking the seals of or destroying
distrained assets, which is not serious enough for penal liability examination.
10. Failing to abide by enforcers’ decisions on
deduction of accounts and incomes or withdrawal of valuable papers of judgment
debtors.
Article
163. Competence to
sanction administrative violations
1. The following persons are competent to
sanction administrative violations in civil judgment enforcement:
a/ Enforcers who are conducting judgment
enforcement;
b/ Heads of asset management and liquidation
teams in bankruptcy cases;
c/ Heads of district-level civil judgment
enforcement agencies;
d/ Heads of provincial-level civil judgment
enforcement agencies and military zone-level judgment enforcement agencies.
2. Levels of sanctions against administrative
violations in civil judgment enforcement must comply with the law on handling
of administrative violations.
Article
164. Sanctioning of
violations and settlement of complaints and denunciations about sanctioning of
administrative violations in civil judgment enforcement
1. Sanctioning principles and statute of
limitations, aggravating and extenuating circumstances, specific sanctioning
order and procedures must comply with the law on handling of administrative
violations.
2. Complaints and denunciations about
sanctioning of administrative violations in civil judgment enforcement and
settlement thereof must comply with this Law and other relevant laws.
Article
165. Handling of
violations
1. Judgment debtors who intentionally fail to
abide by judgments or rulings or fail to voluntarily execute judgment
enforcement decisions shall, depending on the nature and severity of their
violations, be administratively sanctioned or examined for penal liability
under law.
2. Agencies, organizations and individuals that
fail to execute judgment enforcement decisions shall, depending on the nature
and severity of their violations, be administratively sanctioned. If causing
damage, they shall pay compensations therefor. Violating individuals can also
be disciplined or examined for penal liability.
3. Persons who abuse their positions or powers
to intentionally obstruct judgment enforcement or force enforcers into
unlawfully conducting judgment enforcement; break the seals of, consume,
transfer, fraudulently exchange, hide or destroy material evidence or assets or
distrained shall, depending on the nature and severity of their violations, be
disciplined or examined for penal liability. If causing damage, they shall pay
compensations therefor.
4. Heads of civil judgment enforcement agencies
who intentionally fail to issue judgment enforcement decisions or issue
unlawful ones, enforcers who fail to strictly enforce judgments or rulings,
delay judgment enforcement, apply unlawful measures to coerce judgment
enforcement, or breach ethical rules of enforcers shall be disciplined or
examined for penal liability. If causing damage, they shall pay compensations
therefor under law.
Chapter VIII.
TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN CIVIL JUDGMENT
ENFORCEMENT
Article 166. Tasks and powers of the Government in civil
judgment enforcement
1. To perform the unified state management of
civil judgment enforcement nationwide.
2. To direct governmental agencies and
provincial-level People’s Committees in enforcing civil judgments.
3. To coordinate with the Supreme People’s Court
and the Supreme People’s Procuracy in enforcing civil judgments.
4. To annually report on civil judgment
enforcement to the National Assembly.
Article
167. Tasks and powers of
the Justice Ministry in civil judgment enforcement
1. The Justice Ministry is answerable to the
Government for performing the state management of civil judgment enforcement,
and has the following tasks and powers:
a/ To issue or propose competent agencies to
issue legal documents on civil judgment enforcement;
b/ To formulate and organize the implementation
of policies and plans on civil judgment enforcement;
c/ To disseminate and educate about the law on
civil judgment enforcement;
d/ To manage the organizational apparatus, state
payrolls and operation of civil judgment enforcement agencies; to decide on
establishment and dissolution of civil judgment enforcement agencies; to train,
appoint and relieve from duty enforcers or verifiers;
e/ To professionally guide, direct and retrain
enforcers, verifiers and other civil servants engaged in civil judgment
enforcement work;
f/ To commend achievements, examine, inspect,
and handle violations in civil judgment enforcement work; to settle complaints
and denunciations about civil judgment enforcement;
g/ To decide on plans on allocation of funding
sources and assurance of material facilities and means for the operation of
civil judgment enforcement agencies;
h/ To enter into international cooperation in
civil judgment enforcement;
i/ To review civil judgment enforcement work;
j/ To promulgate and implement regulations on
statistics on civil judgment enforcement;
k/ To report on civil judgment enforcement to
the Government.
2. The civil judgment enforcement management
agency of the Justice Ministry shall assist the Justice Minister in performing
the state management of civil judgment enforcement and perform specialized
management of civil judgment enforcement under the Government’s regulations.
Article
168. Tasks and powers of
the Defense Ministry in civil judgment enforcement
1. To coordinate with the Justice Ministry in
performing the state management of civil judgment enforcement in the Army:
a/ Issuing or proposing competent agencies to
issue legal documents on civil judgment enforcement in the Army;
b/ Appointing and dismissing enforcers;
professionally training and retraining enforcers, verifiers and staffs engaged
in civil judgment enforcement in the Army;
c/ Reviewing and reporting civil judgment
enforcement to the Government.
2. To perform the following tasks:
a/ Providing professional guidance on judgment
enforcement to military zone-level judgment enforcement agencies; disseminating
and educating about the law on civil judgment enforcement in the Army;
b/ Managing the organizational apparatus and
state payrolls and deciding on establishment and dissolution of judgment
enforcement agencies in the army; appointing and relieve from duty heads and
deputy heads of military zone-level judgment enforcement agencies; commending
or disciplining army men engaged in military judgment enforcement in the Army;
c/ Examining, inspecting and settling complaints
and denunciations and handling violations in judgment enforcement in the Army;
d/ Managing and working out plans on allocation
of funding sources and assurance of material facilities and means for judgment
enforcement activities in the Army.
3. The judgment enforcement management agency of
the Defense Ministry shall assist the Defense Minister in performing the tasks
and exercising the powers specified in this Article under the Government’s
regulations.
Article
169. Tasks and powers of
the Public Security Ministry in civil judgment enforcement
1. To coordinate with the Justice Ministry in
issuing legal documents on civil judgment enforcement.
2. To direct police offices in protecting
judgment enforcement activities, and coordinating with one another in
protecting material evidence warehouses of civil judgment enforcement agencies
when necessary;
3. To direct custody facilities and detention
camps where judgment debtors are serving imprisonment sentences in collecting
sums of money and assets payable by judgment debtors or their relatives for
judgment enforcement.
4. To direct competent police offices in
coordinating with civil judgment enforcement agencies in requesting courts to
consider and decide on penalty remission or commutation for eligible judgment
debtors under law.
5. To coordinate with the Justice Ministry in
reviewing civil judgment enforcement work.
Article
170. Tasks and powers of
the Supreme People’s Court in civil judgment enforcement
1. To coordinate with the Justice Ministry in
issuing legal documents on civil judgment enforcement.
2. To direct courts at all levels in
coordinating with civil judgment enforcement agencies in enforcing civil
judgments and settling requests of civil judgment enforcement agencies within
the law-prescribed time limit.
3. To coordinate with the Justice Ministry in
reviewing civil judgment enforcement work.
Article
171. Tasks and powers of
the Supreme People’s Procuracy in civil judgment enforcement
1. To coordinate with the Justice Ministry in
issuing legal documents on civil judgment enforcement.
2. To inspect and direct procuracies at all
levels in supervising civil judgment enforcement under law.
3. To coordinate with the Justice Ministry in
reviewing civil judgment enforcement work.
Article
172. Tasks and powers of command
posts of military zones and equivalent levels in civil judgment enforcement
1. To direct the organization of coordination
among concerned agencies in enforcing judgments or rulings in big and
complicated cases impacting on political security and social order and safety
in military zones and equivalent levels at the request of heads of military
zone-level judgment enforcement agencies.
2. To request military zone-level judgment
enforcement agencies to report on judgment enforcement work, and examine and
inspect this work in military zones and equivalent levels.
3. To give written opinions on appointment and
relief of duty of heads and deputy of heads of military zone-level judgment
enforcement agencies.
4. To decide to commend or propose competent authorities
to commend collectives and individuals that record achievements in civil
judgment enforcement.
Article
173. Tasks and powers of
provincial-level People’s Committees in civil judgment enforcement
1. To direct the organization of coordination
among concerned agencies in enforcing civil judgments in their localities.
2. To direct the organization of coercive
enforcement of judgments or rulings in big and complicated cases impacting
political security and social order and safety in their localities at the
request of heads of provincial-level civil judgment enforcement agencies.
3. To give written opinions on appointment and
relief of duty of heads and deputy heads of provincial-level civil judgment
enforcement agencies.
4. To decide to commend or propose competent
authorities to commend collectives and individuals that record achievements in
civil judgment enforcement.
5. To request provincial-level civil judgment
enforcement agencies to report on civil judgment enforcement in their
localities.
6. To request provincial-level civil judgment
enforcement agencies to inspect civil judgment enforcement in localities.
Article
174. Tasks and powers of
district-level People’s Committees
1. To direct the organization of coordination
among concerned agencies in enforcing civil judgments in their localities.
2. To direct the organization of coercive
enforcement of judgments or rulings in big and complicated cases impacting
political security and social order and safety in their localities at the
request of heads of district-level civil judgment enforcement agencies.
3. To give written opinions on appointment and
dismissal of heads and deputy heads of district-level civil judgment
enforcement agencies.
4. To request provincial-level civil judgment
enforcement agencies to inspect themselves and heads of provincial-level
judgment enforcement agencies to inspect civil judgment enforcement in their
localities.
5. To decide to commend or propose competent
authorities to commend collectives and individuals that record achievements in
civil judgment enforcement.
6. To request civil judgment enforcement
agencies to report on civil judgment enforcement in localities.
Article
175. Tasks and powers of
commune-level People’s Committees in civil judgment enforcement
Presidents of commune-level People’s Committees
shall, within the ambit of their tasks and powers, coordinate with enforcers
and civil judgment enforcement agencies in notifying judgment enforcement,
verifying judgment enforcement conditions, applying measures to secure or
coerce judgment enforcement and other tasks related to judgment enforcement in
their localities.
Article
176. Responsibilities of
the State Treasury, banks and other credit institutions in civil judgment
enforcement
1. To supply accurate, adequate and timely
information and data on accounts of judgment debtors at the request of
enforcers and civil judgment enforcement agencies.
2. To strictly and promptly satisfy requests of
enforcers for blockade of accounts and assets, deduction of sums of money from
accounts, release of blockaded accounts or assets of judgment debtors.
3. To fully comply with other requests of
enforcers and civil judgment enforcement agencies under this Law.
Article
177. Responsibilities of
the Social Insurance in civil judgment enforcement
1. To supply accurate, adequate and timely
information and data on incomes of judgment debtors currently paid through it
at the request of enforcers and civil judgment enforcement agencies.
2. To strictly and promptly comply with requests
of enforcers for subtraction of incomes of judgment debtors for judgment
enforcement.
3. To fully comply with other requests of
enforcers and civil judgment enforcement agencies under this Law.
Article
178. Responsibilities of
asset and security transaction registration offices in civil judgment
enforcement
1. To suspend or terminate realization of
requests related to transactions in assets of judgment debtors registered with
asset or security transaction registration offices right after receiving
requests of enforcers and civil judgment enforcement agencies.
2. To register asset ownership or land use
rights for asset purchasers and judgment creditors that receive assets for
clearing against sums of money receivable under judgment enforcement.
3. To withdraw, modify or destroy asset
ownership or land use right certificates, security transaction registration
certificates already granted to judgment debtors; to grant new ones under law.
Article
179. Responsibilities of
judgment or ruling-making agencies in judgment enforcement
1. To assure that pronounced judgments or
rulings are accurate, explicit, specific and suitable to reality.
2. To explain in writing unclear contents of
pronounced judgments or rulings within 15 days after receiving requests of
involved parties or civil judgment enforcement agencies.
For complicated cases, the time limit for reply
is 30 days from the date of receipt of requests.
3. To respond to requests of civil judgment
enforcement agencies for reviewing court judgments or rulings according to cassation
or re-opening procedures within 45 days after receiving these requests.
4. To accept and promptly handle requests of
civil judgment enforcement agencies and involved parties for identification of
ownership, division of assets or settlement of disputes over ownership or the
right to use assets, which fall under the competence of courts and arise the
course of judgment enforcement.
Article
180. Tasks and powers of
agencies and organizations assigned to oversee and manage persons currently
serving criminal sentences
Agencies and organizations assigned to oversee
and manage persons currently serving criminal sentences under the Criminal
Procedure Code shall, within the ambit of their tasks and powers, coordinate
with civil judgment enforcement agencies in:
1. Educating these persons to strictly perform
their civil obligations under court judgments or rulings;
2. Supplying to civil judgment enforcement
agencies relevant information on civil obligors who are currently serving
criminal sentences; notifying civil judgment enforcement-related papers to
judgment debtors currently serving criminal sentences;
3. Collecting sums of money receivable under
judgment enforcement under this Law;
4. Promptly notifying civil judgment enforcement
agencies of places of residence of convicts who have completely served
imprisonment sentences, entitled to amnesty or imprisonment penalty remission.
Chapter IX.
IMPLEMENTATION PROVISIONS
Article 181. Mutual legal assistance regarding civil affairs
in judgment enforcement
1. Requests for foreign legal assistance
regarding civil affairs in judgment enforcement, acceptance and handling of
foreign judicial mandate for judgment enforcement in the course of judgment
enforcement must comply with the law on mutual legal assistance.
2. Civil judgment enforcement agencies which
request foreign legal assistance regarding civil affairs in judgment
enforcement shall compile judicial mandate dossiers under the law on mutual
legal assistance.
Article
182. Effect
This Law takes effect on July 1, 2009.
The 2004 Ordinance of Enforcement of Civil
Judgments ceases to be effective on the effective date of this Law.
Article
183. Implementation
detailing and guidance
The Government, the Supreme People’s Court and
the Supreme People’s Procuracy shall, within the ambit of their tasks and
powers, detail and guide the implementation of this Law’s articles and clauses
as assigned, and guide other necessary provisions of this Law to meet state
management requirements.
This Law was passed on November 14, 2008, by the
XIIth National Assembly of the Socialist Republic of Vietnam at its 4th
session.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong |
Ý KIẾN