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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
164/2004/ND-CP
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Hanoi,
September 14, 2004
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DECREE
ON DISTRAINT AND AUCTION OF LAND USE RIGHT TO ENSURE THE
EXECUTION OF JUDGMENTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the January 14, 2004 Ordinance on Execution of Civil Judgments;
At the proposal of the Justice Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of application
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2. The provisions of Chapter II
and Chapter III of this Decree shall also apply to the distraint and auctioning
of the right to use land with properties attached thereto to ensure the
execution of to be-executed civil judgments and decisions according to the provisions
of Clause 1 of this Article.
Article 2.-
Land use right to be distrained or auctioned
Judgment debtors' land use
right, which can, under the provisions of the land legislation, be transferred,
shall be distrained or auctioned to ensure the judgment execution in the
following cases:
1. Such land use right shall be
distrained under court decisions to ensure the judgment execution.
2. Land use right of judgment
debtors shall be distrained or auctioned when the following conditions are met:
a/ Judgment debtors do not have
other properties or have other properties, excluding residential houses, but
their values are not sufficient for judgment execution;
b/ Judgment debtors possess the
land use right certificates granted according to the provisions of the 1987
Land Law, the 1993 Land Law or the 2003 Land Law, or the residential house
ownership and urban residential land use right certificates granted according
to the provisions of the Government's Decree No. 60/CP of July 5, 1994, or one
of the land use right papers prescribed in Clauses 1 and 2, or fall into one of
the cases prescribed in Clauses 4 and 5, Article 50 of the 2003 Land Law.
3. Executors personally carrying
out the judgment execution (hereinafter referred to as executors) shall have to
determine the conditions for distraint or auction of land use right.
4. In cases where judgment
debtors with the land use right fall into the cases prescribed at Point b,
Clause 2 of this Article with part or whole acreage of their land lying under
the planning and subject to land recovery by the State, but land recovery
decisions have not yet been issued, such land use right shall still be
distrained or auctioned.
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The identification of the papers
mentioned at Point b, Clause 2, Article 2 of this Decree shall be as follows:
a/ Judgment debtors shall have
to produce them to executors;
b/ In cases where judgment
debtors fail to produce them, executors shall verify them at the People’s
Committees of communes, wards or district townships (hereinafter referred
collectively to as commune-level People's Committees) or the land use right
registries or agencies competent to manage such houses and land.
Article 4.-
Land acreages left to judgment debtors
1. In cases where judgment
debtors are laborers personally engaged in agricultural, forestry, aquacultural
production or salt-making activities with their livelihood incomes earned
largely from such production activities, and certified by the People's
Committees of communes where exists the distrained land, the executors shall,
upon the distraint, leave to judgment debtors a certain acreage of land for
planting annual crops, land for planting perennial trees, production forest land,
salt-making land, land for aquaculture or other agricultural land for
production, except for cases where judgment debtors agree to have their full
land use right distrained or auctioned.
2. Land acreage left to judgment
debtors prescribed in Clause 1 of this Article shall be decided on the basis of
the average per-capita food output of the latest five years in their respective
localities according to the following specific conditions:
a/ In cases where judgment
debtors are individuals or members of households, the land acreage to be left
to them shall be equal to average land acreage for each laborer personally
engaged in agricultural, forestry, aquacultural production or salt-making
activities in communes, thus enabling them to produce food for their living in
six months, for users of land for planting annual crops or salt-making land; or
in twelve months for users of land for planting perennial trees, production
forest land, aquaculture land or other agricultural land;
b/ In cases where judgment
debtors are households, the land acreage to be left to them shall be the total
of land acreages left to the household members as prescribed at Point a, Clause
2 of this Article.
3. The provisions of Clauses 1
and 2 of this Article shall not apply to the following cases:
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b/ The cases prescribed in
Clause 1, Article 2 of this Decree.
Article 5.-
Distraint or auction of already mortgaged land use right
1. For land use right already
lawfully mortgaged by judgment debtors to other persons before such judgment debtors
receive judgment execution decisions, executors shall only distrain it or put
it on auction in cases where the judgment debtors, besides their residential
houses, have such land use right as their only property with value larger than
the total money amount they must pay for the obligations secured with mortgage
measure, obligations to pay money under executed civil judgments or decisions
as well as expenses for distraint or auction of such land use right.
Lawful mortgagees of land use
right shall be given priority to have their debts repaid before payment of
other amounts subject to the judgment execution, except for cases where
mortgagees and judgment debtors otherwise agree in compliance with law
provisions.
2. For the land use right
mortgaged by judgment debtors after they receive judgment execution decisions
or illegally mortgaged, executors may distrain such land use right to ensure
the judgment execution. In these cases, land use right mortgagees may initiate
lawsuits to request the court to settle disputes over the land use right
mortgage.
Within three months after the
date of distraint, if a land use right mortgagee does not initiate a lawsuit,
the distrained land use right shall be put on auction to ensure the judgment
execution. In case of a lawsuit, the land use right shall be handled after the
court judgment or decision on settlement of land use right mortgage dispute
takes legal effect.
Article 6.-
Land acreages to be distrained and land use right distraint order
1. Executors shall be allowed to
distrain or put on auction land use right with value sufficient for the
judgment execution, judgment execution expenses and other money amounts which
must be paid by judgment debtors.
2. Land use right of judgment
debtors shall be distrained first. In cases where land use right of a judgment
debtor is insufficient for the judgment execution, his/her portion of land use
right possessed jointly with other persons shall be distrained.
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1. Executors shall carry out the
procedures for signing contracts on authorizing organizations with the
property-auctioning function to auction the land use right according to the law
provisions on property auction.
2. For localities where exists
no organization with the property-auctioning function or where organizations
with the property-auctioning function refuse to sign contracts on authorized
land use right auction for judgment execution, executors shall conduct the land
use right auction according to the provisions of this Decree and the
legislation on property auction.
Article 8.-
Securing interests of auction winners or receivers of distrained land use right
1. Legitimate rights and
interests of auction winners and receivers of distrained land use right shall
be recognized and protected by law.
2. Auction winners, receivers of
distrained land use right or the ownership right over properties attached to
land shall be granted land use right or property ownership right certificates according
to law provisions.
For judgment debtors' land
leased by the State, auction winners or receivers of land use right or the
ownership right over properties attached to land may sign contracts for
continued land lease according to the provisions of the land legislation.
Chapter II
DISTRAINT OF LAND USE
RIGHT TO ENSURE THE JUDGMENT EXECUTION
Article 9.-
Determination of land acreages to be distrained
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1. Money amount subject to the
judgment execution;
2. Land use right value;
3. Land use levy and/or land
rent;
4. Tax amounts on land use
right, which must be paid by judgment debtors according to law provisions;
5. Judgment execution expenses
and other amounts which must be paid by judgment debtors.
Article
10.- Council for land use right distraint
1. Before distraining land use
right, the head of a judgment-executing agency must issue a decision on
establishment of a council for land use right distraint which is composed of:
a/ An executor as its chairman;
b/ A representative of the land
management agency under the People's Committee of the same level as its member;
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2. The council for land use
right distraint shall assist the executor in determining the location, acreage and
boundary of land plot to be distrained for the judgment execution.
Article
11.- Notification of land use right distraint
At least seven working days
before the date of land use right distraint, executors must notify the land use
right distraint according to the following regulations:
1. Notifying in writing the land
use right distraint directly to judgment creditors, judgment debtors,
mortgagees, receivers of capital contributed with the land use right, persons
having rights and obligations related to the land use right, members of
councils for land use right distraint, People's Procuracies of the same level
and the People's Committees of communes where exists the to be-distrained land;
2. Publicly announcing the land
use right distraint on the local mass media and posting up the land use right
distraint at the head offices of land-executing agencies and the People's
Committees of communes where exists the to be-distrained land.
Article
12.- Distraint of land use right being common property
1. In cases where judgment
debtors and persons sharing the land use right with them agree in writing on
their respective land use right portion according to the provisions of the land
legislation and such agreements are certified by the People's Committees of
communes where the land exists or where their respective land use right portion
can be determined, only land use right portions of judgment debtors shall be
distrained.
2. Cases where judgment debtors
and persons sharing the land use right with them fail to reach written
agreements or executors cannot determine their respective land use right
portions according to the provisions of Clause 1 of this Article shall be
handled as follows:
a/ If judgment debtors are wives
or husbands of persons sharing the land use right with them, executors shall
guide them in requesting the court to divide the land use right being their
common property according to law provisions.
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b/ In cases where judgment
debtors are household members and their land acreages cannot be determined, the
judgment debtors' land use right portions to be distrained shall be the average
land acreage of each household member.
3. In cases where judgment
debtors' land use right is used to contribute capital before they receive
judgment execution decisions, and such capital contribution with land use right
does not establish a new legal person, the judgment debtors' land use right
already contributed as capital shall be distrained or auctioned.
4. Where there exist properties of
other persons attached to the land of judgment debtors, the handling of such
properties shall comply with the provisions of Article 21 of this Decree.
Article
13.- Distraint of land use right in cases where a judgment debtor has many
land plots or land of various categories
1. In cases where a judgment
debtor has many land plots or land of various categories with a value larger
than the money amount subject to the judgment execution, including the land use
right associated with properties, certain land plots or land categories shall
be distrained at the request of such judgment debtor, if such request does not
obstruct the judgment execution.
2. In cases where judgment
debtors do not request the distraint of land plots or land categories according
to the provisions of Clause 1 of this Article, executors shall, three working
days after judgment debtors are notified to select land plots or land
categories for distraint, have to make written records thereon and decide to
distrain appropriate land plots or land categories to ensure the judgment
execution.
Article
14.- Distraint of the right to use land currently rented, exploited or used
by other persons
1. In cases where judgment
debtors' right to use the land currently rented, exploited or used by other
persons for land exploitation or use, judgment executors must notify the
current tenants, exploiters or users of the land acreage, land plot, land
category to be distrained and time of distraint at least 30 days before the
time of distraint.
2. Where there exist properties
of current land tenants, exploiters or users attached to land of judgment
debtors, the interests of such current land tenants, exploiters or users shall
be settled according to the provisions of Clause 2, Article 21 of this Decree.
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Upon the distraint of land use
right, if any dispute over the distrained land use right arises, executors
shall still go on with the distraint but have to explain to the involved
parties about the right to lodge complaints or initiate lawsuits to request
competent State agencies defined in Clauses 1 and 2, Article 136 of the Land
Law to settle land disputes. The explanation must be made in writing.
Past the time limit of three
months after the date of distraint, if no complaint is lodged or no lawsuit is
initiated, the already distrained land use right shall be handled for the
judgment execution. If any one complains about or initiates lawsuit against the
already distrained land use right, such land use right shall be handled for
judgment execution only after the competent State agency issues a decision to
determine that such land use right belongs to the judgment debtor.
Article
16.- Persons participating in land use right distraint
1. The land use right distraint
must be carried out afield and in the presence of the following persons:
a/ Members of the Council for
land use right distraint;
b/ Representative of the land
use right registry of the locality where the to be-distrained land exists;
c/ Representative of the
People's Committee of the commune where the to be-distrained land exists;
d/ Judgment debtor, judgment
creditor, persons with rights and obligations related to the to be-distrained
land use right or their lawful representatives.
2. In cases where the judgment
debtor, persons with rights and obligations related to the to be-distrained
land use right or their lawful representatives, who have been notified of the distraint,
are intentionally absent, the executor shall make written records on the
intentional absence and still go on with the land use right distraint.
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Article
17.- Determination of locations, acreages and boundaries of land plots to
be distrained
Upon the land use right
distraint, papers evidencing the land use right of judgment debtors shall serve
as basis for determining locations, acreages and boundaries of land plots to be
distrained.
The land use right distraint
must be recorded in writing with locations, acreages and boundaries of
distrained land plots clearly stated and with signatures of members of the
distraint council and persons defined at Points b, c and d, Clause 1, Article
16 of this Decree. In cases where judgment creditors or their lawful
representatives, judgment debtors, persons with rights and obligations related
to distrained land use right are absent or refuse to sign the written records,
such absence or refusal must be clearly stated in written records.
Article
18.- Valuation of distrained land use right
The valuation of land use right
already distrained to ensure the judgment execution shall be conducted
according to the following regulations:
1. The already distrained land
use right shall be valuated according to agreements among judgment creditors,
judgment debtors and persons sharing land use right with judgment debtors in
case of distraint of common land use right. Time limit for the involved parties
to reach an agreement on price shall not exceed five working days after the
land use right is distrained.
2. In cases where the involved
parties make no agreement or fail to reach an agreement on the value of
distrained land use right, executors shall, within fifteen days after the land
use right is distrained, have to set up a council for valuation of distrained
land use right, being composed of the following members:
a/ An executor as its chairman;
b/ A representative of the
financial agency of the same level as its member;
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d/ A representative of the land
use right registry of the same level as its member;
e/ The representative of the
relevant specialized agency (if any), as a member.
Within seven working days after
being set up, the valuation council shall have to conduct the valuation of
distrained land use right.
At least three working days
before the valuation, executors must notify in writing the valuation of land
use right to the People's Procuracy of the same level; notify the judgment
debtors, judgment creditors, persons with rights and obligations related to
distrained land use right of the working time and place of the valuation
council for their comments on the valuation.
Basing itself on the actual
price for land use right transfer in the locality under normal conditions at
the time of valuation, the valuation council shall decide on price of
distrained land use right, which, however, must not be lower than the price
prescribed by the provincial People's Committee for application at the time of
valuation. In cases where the actual price for land use right transfer in the
locality cannot be determined, the valuation council shall decide on the price
of distrained land use right according to the land price prescribed by the
provincial People's Committee for application at the time of valuation. For
land leased by the State, its use right shall be valuated according to the land
rent rate prescribed by the provincial People's Committee for application at
the time of valuation as well as the lawful and valid expenses for ground clearance
compensation and leveling (if any).
3. Land use right value already
determined according to the provisions of Clauses 1 and 2 of this Article shall
serve as the reserve price when the land use right is auctioned.
Article
19.- Settlement of complaints about land use right valuation
Within seven working days after
the date of valuation, any complaints about land use right valuation shall be
settled according to the following regulations:
1. In cases where the valuation
council's chairman is an executor, who is not the head of a judgment-executing
agency, such executor shall settle complaints and reply in writing to
complainants within fifteen days after receiving the complaints. If the
complainants further lodge their complaints, the head of the judgment-executing
agency where the executor is working shall settle the complaints and reply the
complainants in writing within thirty days after receiving the complaints.
Complaint-settling decisions of the head of the judgment-executing agency shall
be effective for implementation.
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3. In cases where the head of
the provincial-level judgment-executing agency personally acts as the valuation
council's chairman, he/she shall settle complaints and reply the complainants
in writing within fifteen days after receiving the complaints. If the
complainants further lodge their complaints, the director of the Civil Judgment
Execution Department under the Justice Ministry shall settle the complaints and
reply to the complainants in writing within thirty days after receiving the
complaints. Complaint-settling decisions of the director of the Civil Judgment
Execution Department shall be effective for implementation.
Article
20.- Temporary assignment of distrained land acreages for management,
exploitation and use
The temporary assignment of
distrained land acreages for management, exploitation or use shall be made
according to the following regulations:
1. If distrained land acreages
are currently managed, exploited or used by judgment debtors, executors shall
temporarily assign such distrained land acreages to such judgment debtors for
continued management, exploitation or use.
In cases where the distrained
land acreages are currently managed, exploited or used by other organizations
or individuals, such distrained land acreages shall be temporarily assigned to
such organizations or individuals for continued management, exploitation or
use.
2. In cases where judgment
debtors or organizations or individuals prescribed in Clause 1 of this Article
refuse to accept the temporary assignment of distrained land acreages for
management, exploitation or use, executors shall temporarily assign such land
acreages to other organizations or individuals for management, exploitation or
use.
3. The temporary assignment of
distrained land acreages for management, exploitation or use must be recorded
in writing, clearly stating:
a/ Current land use state;
b/ Duration of temporary assignment
of land for management, exploitation or use, land acreages, land categories,
number of land plots, number of maps;
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4. In the duration of temporary
assignment of distrained land for management, exploitation or use, temporary
assignees must not convert, transfer, lease, sub-lease, donate or bequeath the
land use right, mortgage, guarantee or contribute capital with the land use
right; must not alter the actual land use state and must not use land in
contravention of the purposes prescribed by the land legislation.
Article
21.- Handling of properties attached to land upon land use right distraint
Upon the distraint of judgment
debtors' land use right, if there exist properties attached to land, such
properties shall be handled according to the following regulations:
1. In cases where such
properties are owned by the judgment debtors, the land use right and properties
attached to such land shall be distrained;
2. In cases where such
properties are owned by other persons, they shall be handled as follows:
a/ For properties which have
existed before the judgment debtors receive judgment execution decisions,
executors shall request the property owners to voluntarily relocate such
properties and return land use right to the judgment debtors. In cases where
the property owners fail to voluntarily relocate their properties, the
executors shall guide the property owners and the judgment debtors in reaching
written agreements on the mode of property handling. Within fifteen days after
being guided, if they fail to reach written agreements, the executors shall
organize the distraint for auctioning of such properties together with land use
right.
If the property owners are land
lessees or receivers of capital contributed with the land use right from the
judgment debtors without forming new legal persons, the property owners shall
be entitled to further sign land rent contracts or contracts on capital
contribution with land use right with auction winners or receivers of land use
right for the remaining duration of the contracts they have signed with the
judgment debtors. In this case, the executors shall have to notify the auction
participants or persons designated to receive land use right of the right of
owners of properties attached to land to further sign contracts.
b/ For properties which exist
after the judgment debtors receive judgment execution decisions, the executors
shall request property owners to voluntarily relocate such properties in order
to return the land use right to the judgment debtors. Fifteen days after being
requested, if the property owners fail to relocate properties or such
properties cannot be relocated, the executors shall organize the distraint for
auctioning thereof together with the land use right.
Particularly for properties
existing after the distraint, if the property owners fail to relocate their
properties or the properties cannot be relocated, they shall be dismantled. The
executors shall organize the property dismantlement, except for cases where the
land use right receivers or auction winners agree to purchase such properties.
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3. For properties being
pre-harvest short-term crops or livestock or properties involved in a
unfinished closed production cycle, the executors shall, after the distraint,
handle them for judgment execution only when they are ripe for harvesting or
the closed production cycle finishes.
Article
22.- Reception of distrained land use right
The pre-auction reception of
land use right already distrained or valuated, including land use right with
properties attached to land shall be handled as follows:
1. In cases where judgment
debtors agree to let judgment creditors receive the land use right already
distrained for judgment execution and judgment creditors agree to receive such
land use right, the executors shall make written records on such agreement,
issue decisions recognizing the receipt of distrained land use right by the judgment
creditors for carrying out procedures for granting land use right certificates
to land use right receivers according to the provisions of the land
legislation.
2. In cases where judgment
debtors share land use right with other persons, the latter shall be given
priority to receive the distrained land use right at the set price prescribed
in Article 18 of this Decree. The time limit for exercising the priority right
prescribed in this Article shall be three months after the land use right is
valuated.
Within the time limit for
exercising the priority right, if the persons sharing the land use right with
the judgment debtors request in writing to receive the distrained land use
right and pay fully for the land use right reception, the executors shall make written
records on the land use right reception, issue decisions recognizing the
receipt of the distrained land use right by the persons sharing the land use
right for carrying out the procedures for granting land use right certificates
to the land use right receivers according to the provisions of the land
legislation.
Chapter III
AUCTION OF LAND USE
RIGHT FOR JUDGMENT EXECUTION
Article
23.- Time limit for carrying out procedures to authorize the auction of
distrained land use right
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2. Past the time limit for
exercising the priority right prescribed in Clause 2, Article 22 of this
Article, if the persons sharing the land use right with the judgment debtors do
not request in writing to receive the distrained land use right, the executors
shall, within ten working days after the expiry of the time limit for
exercising the priority right, have to carry out the procedures for signing
contracts on auctioning authorization with organizations having the property-auctioning
function for the auction of land use right.
Within the time limit for
exercising the priority right, if the persons sharing the land use right with
the judgment debtors request in writing not to receive the land use right, the
executors shall, within ten working days after receiving such written requests,
have to carry out the procedures for signing contracts on auctioning
authorization with organizations having the property-auctioning function for
the auction of land use right.
3. For localities where no
organizations with the property-auctioning function have been established, the
executors shall, within the time limit prescribed in Clauses 1 and 2 of this
Article, have to conduct the auction of land use right to ensure the judgment
execution according to law provisions on property auction and the provisions of
this Chapter.
Article
24.- Notification of the auction of distrained land use right
1. Before opening an auction of
land use right, executors shall have to publicly announce and post up the
auctioning date and venue, land location, category, grade, acreage and current
state, reserve price of the to be-auctioned land use right at the head office
of the judgment-executing agency and the People's Committee of the commune
where the distrained land exists and shall have to notify such in writing to
the People's Procuracy of the same level, the judgment debtor, judgment
creditor, and persons with rights and obligations related to the judgment
execution.
2. Time limit for and mode of notification
of land use right auction shall comply with law provisions on property auction.
Article
25.- Reception back of already distrained land use right
One working day before an
auction of land use right is opened, the judgment debtor may receive back the
land use right if he/she fully pays money amount for the judgment execution and
expenses actually arising from the distraint and preparation for such land use
right auction.
The executors must issue
decisions on release of land use right distraint within five working days after
the judgment debtors fully pay money amounts for the judgment execution and
other payable amounts according to law provisions.
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1. Persons entitled to
participate in auctions of already distrained land use right must fall into the
cases eligible to receive the land use right according to the provisions of the
land legislation.
2. Land use right shall be sold
to the person who offers the highest price, which, however, must not be lower
than the reserve price.
In cases where no auctioneer
offers price higher than or equal to the reserve price or where no one responds
to the land use right auction after it is announced three times, such auction
shall be considered unsuccessful. Within 10 working days after unsuccessful
auction, executors shall organize the revaluation according to the provisions
of Clause 2, Article 18 of this Decree and along the direction of price
decrease prescribed in Article 48 of the Ordinance on Civil Judgment Execution
for continued auction of land use right.
3. If after two times of price
decrease, the distrained land use right remains unsold, the executors shall
request the judgment creditors to receive the land use right at the last
decreased price for judgment execution. If the judgment creditors agree to
receive the land use right for judgment execution, the executors shall make
written records and issue decisions recognizing the receipt of such land use
right for carrying out the procedures for registering and granting land use
right certificates to the judgment creditors according to the provisions of the
land legislation.
If the judgment creditors refuse
to receive the distrained land use right, the executors shall issue decisions
on distraint release and return such land use right to the judgment debtors.
4. Judgment debtors must bear
expenses for distraint and/or unsuccessful auction of land use right, except
for cases where they enjoy exemption or reduction thereof.
Article
27.- Settlement of proceeds from land use right distraint or auction
Proceeds from land use right
distraint or auction shall be settled according to the priority order
prescribed in Articles 51 and 52 of the Ordinance on Civil Judgment Execution,
after subtracting the land use levy, land rent, land use tax, tax on incomes
from land use right transfer and other taxes and fees related to the land use
right which must be paid by the judgment debtors according to law provisions.
The remainders shall be refunded
to the judgment debtors.
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1. Executors shall have to
compile dossiers for granting land use right certificates and send them to the
land use right registry for granting land use right certificates to auction
winners or receivers of already distrained or auctioned land use right for
judgment execution according to the provisions of the land legislation.
2. In cases where the papers on
the distrained land use right defined at Point b, Clause 2, Article 2 of this
Decree cannot be recovered that fall into the cases prescribed at Point b,
Clause 1, Article 3 of this Decree, executors shall have to send written
justifications of reasons for failure to recover such land use right papers to
the land use right registry.
Within seven working days after
receiving the written justifications from executors, the land use right
registry shall have to verify the dossiers and send written reports thereon to
the People's Committees competent to grant the land use right certificates.
Within three working days after
receiving reports of the land use right registry, the competent People's
Committees shall request in writing the judgment debtors to submit papers
evidencing the distrained land use right, and concurrently send such written
requests to the People's Committees of communes where exists the distrained
land for being posted up at the offices of such commune-level People's
Committees.
Within thirty days after written
requests are issued, the judgment debtors shall have to submit papers
evidencing the distrained land use right at the land use right registry.
In cases where the judgment
debtors fail to submit papers evidencing the distrained land use right, the land
use right registry shall, within five working days past the requesting time
limit, request the competent People's Committees to issue decisions to cancel
the papers evidencing the distrained land use right of the judgment debtors and
carry out the procedures for granting land use right certificates to auction
winners or receivers of land use right according to the provisions of the land
legislation.
Article
29.- Forcible transfer of land use right to land use right auction winners
or land use right receivers for judgment execution
1. In cases where judgment
debtors, current land managers, exploiters or users fail to voluntarily
transfer the land use right to land use right auction winners or land use right
receivers for judgment execution, the executors shall issue decisions to compel
such judgment debtors, land managers, exploiters or users to transfer land use
right to land use right auction winners or land use right receivers for
judgment execution.
2. In cases where persons
compelled to transfer the land use right are intentionally absent though having
been notified of the coercion decisions, the executors shall still effect the
coercion decisions prescribed in Clause 1 of this Article for transfer of the
land use right to land use right auction winners or land use right receivers
for judgment execution.
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In cases where involved parties
refuse to receive the properties, executors shall have to make written records
clearly stating the quantity, category and current conditions of each type of
property, and hand over such properties to organizations and individuals having
conditions for preservation or consign them into storehouses of the
judgment-executing agencies for preservation, then notify places and time for
reception back of such properties to their owners. If property owners do not
come to receive back properties, such properties shall be handled according to
the provisions of Clauses 3 and 4, Article 54 of the Ordinance on Civil
Judgment Execution.
Chapter IV
IMPLEMENTATION PROVISIONS
Article
30.- Implementation effect
1. This Decree takes effect 15
days after its publication in the Official Gazette.
2. The ministers, the heads of
the ministerial-level agencies, the heads of the Government-attached agencies
and the presidents of the People's Committees of the provinces and
centrally-run cities shall have to implement this Decree.
Article
31.- Implementation guidance
The Justice Minister shall have
to guide the implementation of this Decree.
On behalf of the Government
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PRIME MINISTER
Phan Van Khai