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OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 09/VBHN-VPQH
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Hanoi, January 25, 2022
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LAW
ON ENFORCEMENT OF CIVIL JUDGMENTS
Pursuant to the Law on
Enforcement of Civil Judgments No. 26/2008/QH12 dated November 14, 2008 of the
National Assembly of Vietnam, effective as of July 1, 2009, amended by:
1. Law No. 64/2014/QH13
dated November 25, 2014 of the National Assembly of Vietnam on amendments to
the Law on Enforcement of Civil Judgments, effective as of July 1, 2015;
2. Law on Competition No.
23/2018/QH14 dated June 12, 2018 of the National Assembly of Vietnam, effective
as of July 1, 2019;
3. Law No. 67/2020/QH14
dated November 13, 2020 of the National Assembly of Vietnam on amendments to
the Law on Handling of Administrative Violations, effective as of January 1,
2022;
4. Law No. 03/2022/QH15
dated January 11, 2022 of the National Assembly of Vietnam on amendments to the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Law on Investment, the Law on Housing, the Law on Procurement, the Law on
Electricity, the Law on Enterprises, the Law on Excise Tax, and the Law on
Enforcement of Civil Judgments, effective as of March 1, 2022.
Pursuant to the
Constitution of the Republic Socialist of Vietnam 1992 amended by Resolution
No. 51/2001/QH10;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope [2]
This Law prescribes
principles, order and procedures for enforcement of civil judgments and
decisions, fines, confiscation of assets, retrospective collection of illicitly
earned money and assets, handling of material evidences and assets, court fees
and civil decisions involved in criminal judgments and decisions, property
parts of administrative judgments and decisions of courts, bankruptcy settlement
decisions of courts, settlement decisions of the President of National
Competition Commission, the anti-competitive settlement council, decisions on
handling of complaints against settlement decisions of the President of
National Competition Commission, the anti-competitive complaint handling
council[3] related to assets of judgment debtors by the Council for
settlement of competition cases, and awards and decisions of commercial
arbitrations (below collectively referred to as judgments and decisions); 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 entitlements of agencies,
organizations and individuals in civil judgment enforcement activities.
Article 2. Judgments
and decisions to be enforced
Judgments and decisions
to be enforced under this Law include:
1. Judgments and
decisions specified in Article 1 of this Law that have taken legal effect:
a) Judgments and
decisions or parts of judgments and decisions of first-instance courts against
which are not appealed or protested against according to appellate procedures;
b) Judgments and
decisions of courts of appeal;
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d) Foreign courts’ civil
judgments and decisions, and foreign arbitral awards, which have been
recognized and permitted for enforcement in Vietnam by Vietnamese courts;
dd)[4] A settlement
decision of the President of National Competition Commission or
anti-competitive settlement council, a decision on handling of complaint
against settlement decision of the President of National Competition Commission
or anti-competitive settlement council that involved parties are unwilling to
enforce or do not file a lawsuit to a court after 15 days from the date on
which the decision takes effect;
e)[5] Awards and
decisions of commercial arbitrations;
g)[6] Bankruptcy
settlement decisions of courts.
2. The following
judgments and decisions of first-instance courts shall be enforced immediately
though they may be appealed or protested against:
a) Judgments and
decisions 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) Decisions on
application of provisional urgent measures.
Article 3.
Interpretation of terms
For the purpose of this Law,
the following terms shall be construed as follows:
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2. Judgment creditor
means an individual, agency or organization that enjoys rights and interests in
an enforced judgment or decision.
3. Judgment debtor
means an individual, agency or organization that shall fulfill obligations in
an enforced judgment or decision.
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 prescriptive
period 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 decision.
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.
9.[7] Each
judgment enforcement decision means a judgment enforcement job.
Article 4. Assurance
of effect of judgments and decisions
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Concerned individuals,
agencies and organizations shall, within the ambit of their respective
responsibilities, strictly abide by judgments and decisions 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 decision.
Article 7. Rights and
obligations of judgment creditors [8]
1. A judgment creditor
has the following rights:
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b) To be notified of
judgment enforcement;
c) To reach agreement
with the judgment debtor or those with related rights and obligations on the
time, place, method and contents of judgment enforcement;
d) To request the court
to determine and divide the asset ownership or use right; to request the court
to explain unclear points, correct spelling mistakes or inaccurate or
insufficient data; to initiate civil lawsuits to protect his/her lawful rights
and interests if there is a dispute over assets related to judgment
enforcement;
dd) To directly verify
and provide information on judgment execution conditions of the judgment debtor
or authorize another person to do so;
e) To pay no fee for
verification of judgment execution conditions conducted by the enforcer;
g) To request change of
the enforcer if having a ground to believe that the enforcer is not impartial
while performing his/her duty;
h) To authorize another
person to exercise his/her rights and perform his/her obligations;
i) To transfer the right
to enforce judgments to another person;
k) To be eligible for
exemption from, or reduction of, judgment enforcement charge when providing
accurate information on judgment execution conditions of the judgment debtor or
in other cases prescribed by the Government of Vietnam;
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2. A judgment creditor
has the following obligations:
a) To strictly abide by
the judgment or decision concerned;
b) To comply with the
enforcer’s decisions and requirements on judgment enforcement; to notify civil
judgment enforcement agencies of any change in his/her address or place of
residence;
c) To pay judgment
enforcement charge and expenses in accordance with this Law.
Article 7a. Rights and
obligations of judgment debtors [9]
1. A judgment debtor has
the following rights:
a) To voluntarily execute
judgments; reach agreement with the judgment creditor or those with related
rights and obligations on the time, place, method and contents of judgment
enforcement; to voluntarily hand over his/her assets for judgment enforcement;
b) To directly request or
authorize another person to request judgment enforcement in accordance with
this Law;
c) To be notified of
judgment enforcement;
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dd) To transfer the
judgment enforcement obligation to another person in accordance with this Law;
e) To request change of
the enforcer if having a ground to believe that the enforcer is not impartial
while performing his/her duty;
g) To be considered for
exemption from, or reduction of, judgment enforcement obligation; to be
considered for partial or whole exemption from, or reduction of, expenses for
coercive judgment enforcement in accordance with this Law;
h) To lodge complaints
and denunciations about judgment enforcement.
2. A judgment debtor has
the following obligations:
a) To adequately and
promptly execute judgments and decisions;
b) To truthfully declare
assets and judgment execution conditions; to adequately provide documents and
papers related to his/her assets upon receiving competent persons’ requests and
be held responsible before law for his/her declared contents;
c) To implement the
enforcer’s decisions and requirements on judgment enforcement; to notify civil
judgment enforcement agencies of any change in his/her address or place of
residence;
d) To pay expenses for
judgment enforcement in accordance with this Law.
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1. A person with related
interests and obligations has the following rights:
a) To be informed of, and
participate in, the implementation of measures to secure judgment enforcement
and coercive measures to enforce judgments that he/she is involved;
b) To request the court
to determine and divide the asset ownership or use right; to request the court
to explain unclear points, correct spelling mistakes or inaccurate and
insufficient data; to initiate civil lawsuits to protect his/her lawful rights
and interests if there is a dispute over assets related to judgment
enforcement;
c) To lodge complaints
and denunciations about judgment enforcement.
2. A person with related
interests and obligations shall strictly implement the enforcer’s decisions and
requirements on judgment enforcement; to notify civil judgment enforcement
agencies of any change in his/her address or place of residence.
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.
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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 cooperate with
civil judgment enforcement agencies and enforcers
1. Within the ambit of
their tasks, entitlements and duties, agencies, organizations and individuals
shall cooperate 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
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2.[11] People’s
procuracies shall supervise the law observance by courts, civil judgment
enforcement agencies, enforcers and agencies, organizations and individuals
involved in civil judgment enforcement.
When supervising civil
judgment enforcement, people’s procuracies have the following tasks and
entitlements:
a) To supervise the
grant, transfer, interpretation, modification or supplementation of court
judgments and decisions;
b) To request enforcers
and civil judgment enforcement agencies at the same level and lower levels to
issue decisions on judgment enforcement and send them such decisions; to
properly enforce contents of judgments or decisions, inspect by themselves
judgment enforcement and notify inspection results to people’s procuracies; to
request agencies, organizations and individuals to provide dossiers, documents
and material evidences related to judgment enforcement in accordance with this
Law;
c) To directly supervise
civil judgment enforcement activities of civil judgment enforcement agencies at
the same level and lower levels, enforcers and related agencies, organizations
and individuals; to issue supervision conclusions when the supervision is
completed;
d) To participate in
court meetings to consider judgment execution obligation exemption or reduction
regarding state budget remittances and give their opinions;
dd) To recommend
consideration of judgment enforcement-related acts or decisions involving less
serious violations of courts or civil judgment enforcement agencies at the same
level or lower levels, request or remediation of violations and handling of
violators; to recommend involved agencies and organizations that make loopholes
or shortcomings in the management to remedy causes and conditions of such
violations and apply preventive measures;
e) To protest against
acts or decisions of heads and enforcers of civil judgment enforcement agencies
at the same level or lower levels involving serious violations, infringing upon
the State’s interests or lawful rights and interests of agencies, organizations
and individuals; to request the suspension of judgment enforcement, revocation,
modification, supplementation, or annulment of decisions involving violations
in judgment enforcement and termination of violating acts.
Chapter II
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Article 13. The
organizational system of civil judgment enforcement agencies
The organizational system
of civil judgment enforcement agencies consists of:
1. 1. Civil judgment
enforcement management agencies:
a) The civil judgment
enforcement management agency of the Ministry of Justice of Vietnam;
b) The civil judgment
enforcement management agency of the Ministry of National Defense of Vietnam.
2. Civil judgment
enforcement agencies:
a) Civil judgment
enforcement agencies of provinces and centrally affiliated cities (below
collectively referred to as “provincial 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”).
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Article 14. Tasks and
entitlements of provincial civil judgment enforcement agencies
1. To manage and direct
civil judgment enforcement in their respective provinces or centrally
affiliated 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 officials of civil judgment enforcement agencies in their
areas;
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 Ministry of Justice of Vietnam.
2. To directly organize
enforcement of judgments and decisions 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 cooperate 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.
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6. To assist provincial
People’s Committees in performing their responsibilities and exercising their
entitlements under Clauses 1 and 2, Article 173 of this Law.
7.[12] To report
on civil judgment enforcement to People’s Councils and People’s Committees in
accordance with law; and report on results of enforcement of judgments and
decisions to courts upon request
Article 15. Tasks and
entitlements of military zone-level judgment enforcement agencies upon request
1. To directly organize
enforcement of judgments and decisions under Article 35 of this Law.
2.[13] To review
civil judgment enforcement work according to their competence; to make
statistics and reports on civil judgment enforcement work under the guidance of
the judgment enforcement management agency of the Ministry of National Defense
of Vietnam; and to report on results of enforcement of judgments and decisions
to courts upon request.
3. To settle complaints
and denunciations about judgment enforcement under their competence under this
Law.
4. To cooperate with
functional agencies of military zones in managing officials, 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 Ministry of National Defense of
Vietnam.
5. To compile dossiers of
request for exemption from or reduction of the obligation to execute civil
judgments; to cooperate 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 entitlements specified in Clause 1, Article 172 of this Law.
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1. To directly organize
the enforcement of judgments and decisions 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 officials,
material foundations, funding sources and equipment assigned to them for
operation under the guidance and direction of provincial civil judgment
enforcement agencies.
4. To make statistics and
reports on civil judgment enforcement work under law and the guidance of
provincial 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 entitlements under Clauses 1 and 2, Article 174 of this Law.
7.[14] To report on civil
judgment enforcement to People’s Councils and People’s Committees in accordance
with law; to report on results of enforcement of judgments and decisions to
courts upon request
Article 17. Enforcers
1. Enforcers are persons
tasked by the State to enforce judgments and decisions prescribed in Article 2
of this Law. Enforcers have three ranks: primary-level enforcer,
intermediate-level enforcer and high-level enforcer.
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3. The Government of
Vietnam 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 primary-level 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 primary-level 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
primary-level enforcers for 5 years or more;
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4. Persons who fully
satisfy the criteria specified in Clause 1 of this Article, and the following
conditions may be appointed as high-level enforcers:
a) Having worked as
intermediate-level enforcers for 5 years or more;
b) Passing the
examination for selection of high-level enforcers.
5.[15] Persons who
fully satisfy the criteria specified in Clause 1 of this Article and are
in-service army officers may be appointed as military enforcers.
Criteria for persons to
be appointed as military primary-level enforcers, intermediate-level enforcers
and high-level enforcers are prescribed in Clauses 2, 3 and 4 of this Article.
6.[16] Incumbent
judges, procurators and investigators who are transferred to civil judgment
enforcement agencies or those who have once act as enforcers but are now
assigned to perform other tasks and fully satisfy the criteria specified in Clause
1 of this Article may be appointed as enforcers of equivalent ranks without
having to pass an examination.
7.[17] In special
cases due to the demand for appointment of heads and deputy heads of civil
judgment enforcement agencies, persons who fully satisfy the criteria specified
in Clause 1 of this Article and have been engaged in legal work for 5 years or
more, 10 years or more or 15 years or more may be appointed as primary-level,
intermediate-level or high-level enforcers, respectively, without having to
pass an examination.
Article 19. Dismissal
from duty of enforcers
1. Enforcers will be
automatically dismissed from duty in case they retire or are transferred to
other agencies.
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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 of
Vietnam shall specify the order of and procedures for relief from duty of
enforcers
Article 20. Tasks and
entitlements of enforcers
1. To promptly organize
the enforcement of judgments or decisions assigned to them; to issue judgment
enforcement decisions according to their competence.
2. To strictly enforce
contents of judgments or decisions; 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 cooperate 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.
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7. To make written
records of violations of the law on judgment enforcement; to impose fines
according to their competence; to propose competent agencies to discipline,
impose fines, or criminally prosecute violators.
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 regulations of the Government of Vietnam.
10. To perform other
tasks assigned by heads of judgment enforcement agencies.
When performing their
tasks or entitlements, 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
officials 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.
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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 entitlements.
7. Harassing or troubling
individuals, agencies or organizations in the course of judgment enforcement.
8. Intentionally
enforcing judgments or decisions 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
dismissed from duty by the Minister of Justice of Vietnam. Heads and deputy
heads of judgment enforcement agencies in the Army shall be appointed and
dismissed from duty by the Minister of National Defense of Vietnam.
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Article 23. Tasks and
entitlements of heads and deputy heads of civil judgment enforcement agencies
1. Heads of civil
judgment enforcement agencies have the following tasks and entitlements:
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 cooperate in organizing judgment enforcement;
d) To request agencies
which have made judgments or decisions to be enforced to explain in writing
unclear or impractical points in these judgments or decisions for enforcement;
dd) To propose competent
persons to make protests according to cassation or reopening procedures against
judgments or decisions under law;
e) To respond to
recommendations or protests of procuracies; to settle complaints and
denunciations about judgment enforcement or imposition of fines for
administrative violations according to their competence; and to request
competent state agencies to discipline or impose fines for administrative
violators or conduct criminal prosecution for violators;
g) To perform the tasks
and exercise the entitlements of enforcers;
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i) Heads of provincial
civil judgment enforcement agencies may transfer or professionally guide
enforcers and officials of their agencies or district-level civil judgment
enforcement agencies in their areas or direct and inspect their judgment
enforcement activities and other jobs under the guidance and direction of the
civil judgment enforcement agency of the Ministry of Justice of Vietnam.
2. Deputy heads of
judgment enforcement agencies shall perform tasks and exercise entitlements 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 regulations officials engaged in civil judgment enforcement
Enforcers, verifiers and
other officials 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 benefits under the regulations of the
Government of Vietnam.
Chapter III
CIVIL JUDGMENT ENFORCEMENT PROCEDURES
Article 26. Guidance
on the right to request civil judgment enforcement
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Article 27. Provision
of judgments and decisions
Courts, the President of
the National Competition Commission, the anti-competitive settlement council,
the anti-competitive complaint handling council[19], and commercial arbitrations
that have made judgments, decisions, or awards specified in Article 2 of this
Law shall provide involved parties with these judgments and decisions written
with the phrase “For Enforcement”.
Article 28. Transfer
of judgments and decisions
1. [20]Courts that
make judgments and decisions specified at Points a, b, c, d and g, Clause 1,
Article 2 of this Law shall, within 30 days after these judgments and decisions
take legal effect, transfer them to competent civil judgment enforcement
agencies.
2. [21]Courts that
make judgments and decisions specified at Point a, Clause 2, Article 2 of this
Law shall, within 15 days after making such judgments and decisions, transfer
them to civil judgment enforcement agencies.
3. [22]Courts or
commercial arbitrations that make decisions on application of provisional
urgent measures shall, right after making such decisions, promptly transfer
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 transferring
judgments or decisions 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 decisions [23]
Upon receiving a judgment
or decision from a court or commercial arbitration, the civil judgment
enforcement agency shall check it and record it in a book.
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The direct delivery and
receipt of a judgment or decision must be certified by signatures of the
deliverer and recipient. In case a judgment, decision or related document is
sent by post, the civil judgment enforcement agency shall notify in writing the
transferring court or commercial arbitration of the receipt.
Article 30.
Prescriptive period for requesting judgment enforcement
1. Within 5 years after a
judgment or decision 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 decision, the 5-year time
limit will be counted from the date the obligation is due.
For judgments and
decisions subject to periodical enforcement, the 5-year time limit 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 prescriptive
period 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 prescriptive period for
requesting judgment enforcement.
Article 31. Receipt or
rejection of requests for judgment enforcement [24]
1. An involved party may
directly request or authorize another person to request judgment enforcement by
filing a written request, making an oral request or sending a written request
by post. The judgment enforcement requester shall submit relevant judgments,
decisions or documents.
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2. A written request for
judgment enforcement must have the following contents:
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;
dd) Information on assets
and judgment execution conditions of the judgment debtor, if any;
e) Date of making the
request;
g) The signature or
fingerprint of the requester. For a legal entity, its written request must bear
the signature of its lawful representative and its seal, if any.
3. In case the judgment
enforcement requester makes his/her request orally, the civil judgment
enforcement agency shall make a written record to record the contents specified
in Clause 2 of this Article. This written record which must bear the signature
of the record maker is valid as a written request for judgment enforcement.
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5. In the following cases
civil judgment enforcement agencies may reject a written request for judgment
enforcement and shall, within 5 working days after receiving the request,
notify such in writing to the requester:
a) The requester has no
right to request judgment enforcement or the contents of the written request
for judgment enforcement are irrelevant to the contents of the judgment or
decision concerned; no rights or obligations of involved parties arise in the
course of enforcement of the judgment or decision concerned in accordance with
this Law;
b) The civil judgment
enforcement agency requested to enforce the judgment is incompetent to do so;
c) The prescriptive
period for requesting judgment enforcement has expired.
Article 32.[25] (annulled)
Article 33.[26] (annulled)
Article 34.[27] (annulled)
Article 35. Competence
to enforce judgments
1. District-level civil
judgment enforcement agencies are competent to enforce the following judgments
and decisions:
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b) Appellate judgments
and decisions of people’s courts of provinces and centrally affiliated cities[29]
over first-instance judgments and decisions of people’s courts of urban and
rural districts, towns, provincial cities and equivalences[30] where civil
judgment enforcement agencies are located;
c)[31] Cassation
or re-opening decisions of superior people’s courts over judgments and
decisions, which have taken legal effect, of people’s courts of urban districts,
rural districts, communes, provincial cities and equivalences where civil
judgment enforcement agencies are located;
d) Judgments and
decisions entrusted by district-level civil judgment enforcement agencies of
other areas, provincial or military zone-level civil judgment enforcement
agencies.
2.[32] Provincial
civil judgment enforcement agencies are competent to enforce the following
judgments and decisions:
a) First-instance
judgments and decisions of people’s courts of provinces and centrally
affiliated cities in the same areas;
b) Judgments and
decisions made by superior people’s courts;
c) Decisions transferred
by the Supreme People’s Court of Vietnam to them;
d) Judgments and
decisions of foreign courts, awards of foreign arbitrations recognized by
Vietnamese courts for enforcement in Vietnam;
dd) Awards and decisions
of commercial arbitrations;
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g) Judgments and
decisions entrusted by civil judgment enforcement agencies of other areas or
military zone-level judgment enforcement agencies;
h) Judgments and
decisions falling under the enforcing competence of district-level civil
judgment enforcement agencies specified in Clause 1 of this Article that they
pick up for enforcement when finding it necessary;
i) Judgments and
decisions specified 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 decisions:
a) Decisions on fines,
confiscation of assets, retrospective collection of illicitly earned money and
assets, handling of material evidence and assets, court fees and civil
decisions in criminal judgments and decisions of military zone-level military
tribunals or equivalences in their areas;
b) Decisions on fines,
confiscation of assets, retrospective collection of illicitly earned money and
assets, handling of material evidence and assets, court fees and civil
decisions in criminal judgments and decisions of regional military tribunals in
their areas;
c) Decisions on fines,
confiscation of assets, handling of material evidence and assets, retrospective
collection of illicitly earned money and assets, court fees and civil decisions
in criminal judgments and decisions transferred by the central military
tribunal to military zone-level judgment enforcement agencies;
d)[34] Civil
decisions transferred by the Supreme People’s Court of Vietnam to military
zone-level judgment enforcement agencies;
dd) Judgments and
decisions entrusted by provincial, district-level or military zone-level civil
judgment enforcement agencies for enforcement.
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1. Heads of civil
judgment enforcement agencies shall issue judgment enforcement decisions only
when receiving written requests for judgment enforcement, except for cases
specified in Clause 2 of this Article.
The time limit for
issuing a judgment enforcement decision is 5 working days after receiving a
written request for judgment enforcement.
2. Heads of civil
judgment enforcement agencies are competent to proactively issue judgment
enforcement decisions and assign enforcers to organize the enforcement for the
following parts of judgments and decisions:
a) Fines, retrospective
collection of illicitly earned money and assets, court fees and charges;
b) Refund of money and
assets to involved parties;
c) Confiscation into the
state budget or destruction of material evidences and assets; other state
budget remittances;
d) Recovery of the rights
to use land and other assets subject to remittance into the state budget;
dd) Decision on
application of provisional urgent measures;
e) Decision on bankruptcy
settlement of the court.
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For decisions specified
at Point dd of this Clause, they shall issue judgment enforcement decisions
without delay.
For decisions specified
at Point e of this Clause, they shall, within 3 working days after receiving
such decisions, issue judgment enforcement decisions.
3. A judgment enforcement
decision must clearly state the name and position of the decision maker; the
number, date and name of the issuing agency or organization; the names and
addresses of the judgment creditor and judgment debtor; obligation part subject
to judgment enforcement; and the time limit for voluntary judgment execution.
4. The Government of
Vietnam shall elaborate on this Article.
Article 37.
Revocation, amendment 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;
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2. Persons competent to
issue judgment enforcement decisions and persons competent to settle complaints
may issue amendment decisions on or request amendments to judgment enforcement
decisions in case the latter contain errors that 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 or cancellation of judgment enforcement decisions must
clearly state grounds for and contents and legal consequences of the
revocation, amendment or cancellation.
Article 38. Sending of
judgment enforcement decisions [36]
Judgment enforcement
decisions shall, within 3 working days after being issued, be sent to
same-level procuracies, unless otherwise provided by this Law.
Decisions on coercive
judgment enforcement shall be sent to People’s Committees of communes, wards or
townships (hereinafter referred to as “commune-level People’s Committees”)
where coercive judgment enforcement is organized or to agencies or
organizations related to the implementation of these decisions.
Article 39.
Notification of judgment enforcement
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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.
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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
If parties to be notified
are agencies or organizations, notices shall be handed directly to legal
representatives or persons responsible for receiving incoming documents of
these agencies or organizations who shall sign for receipt. If agencies or
organizations to be notified have their representatives join 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 areas 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;
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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 areas where they reside, announcements
shall be published on a daily newspaper for 2 consecutive issues or broadcast
twice on provincial radios or televisions of these areas for 2 consecutive
days.
In case involved parties
are determined to be absent from areas 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 execution conditions [37]
1. Within 10 working days
after the deadline for voluntary execution of a judgment, if a judgment debtor
fails to voluntarily execute the judgment, an enforcer shall conduct the
verification. In case of implementation of a decision on application of
provisional urgent measures, the verification must be conducted without delay.
A judgment debtor shall
truthfully declare, fully supply information on his/her assets, incomes and
judgment execution conditions with the civil judgment enforcement agency and
assume responsibility for his/her declaration.
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3. Civil judgment
enforcement agencies may authorize civil judgment enforcement agencies of areas
where judgment debtors possess assets, reside, work or have working offices to
verify judgment execution conditions.
4. When verifying
judgment execution conditions, an enforcer shall:
a) Produce his/her
enforcer card;
b) Specifically verify
assets, incomes and other conditions to execute judgments. For assets subject
to ownership or use right registration or security transaction registration,
the verification shall be conducted at agencies competent to register such
assets and transactions;
c) In case of written
verification, written requests for verification must clearly state verification
contents and other necessary information;
d) In case of judgment
debtors being agencies or organizations, directly consider assets and capital
and asset management books; verify in other involved agencies and organizations
managing, preserving or storing information on the judgment debtors’ assets and
accounts;
dd) Request professional
agencies to invite or hire experts to clarify contents to be verified when
necessary;
e) Make written records
fully presenting verification results with certification of the People’s
Committee, commune-level police or agency, organization or individual which has
conducted verification.
5. Judgment creditors may
directly verify or authorize other persons to verify judgment execution
conditions, provide information on the judgment debtors’ assets, incomes and
judgment execution conditions to civil judgment enforcement agencies.
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6. Responsibilities of
related agencies, organizations and individuals for verification of judgment
execution conditions:
a) Agencies,
organizations and officials engaged in justice-civil status, cadastral
work-construction-urban centers and environment, other commune-level officials,
and relevant individuals shall fulfill requests of enforcers and take
responsibility for the information they provide;
b) Social insurance,
banks and other credit institutions, land use right registration offices,
security transaction registration agencies, notary offices, and other agencies,
organizations and individuals holding information or managing assets and
accounts of judgment debtors shall provide information on judgment execution
conditions of such judgment debtors; sign written records in case enforcers
verify directly or reply in writing within 3 working days after receiving
written requests from enforces; particularly, judgment debtors’ account
information shall be provided without delay;
c) Agencies,
organizations and individuals holding information or managing assets and
accounts of judgment debtors shall provide information upon requests of
judgment creditors or their authorized representatives within 5 working days
after receiving such requests, except failure due to force majeure
circumstances or objective obstacles. In case of refusal, these agencies,
organizations and individuals shall reply in writing, clearly stating the
reason.
7. Judgment creditors,
agencies, organizations and individuals who fail to provide, or provide
untruthful information on judgment execution conditions of judgment debtors
shall be held responsible before law, pay arising expenses and compensation for
damage they cause.
8. The Government of
Vietnam shall elaborate on this Article.
Article 44a.
Verification of lacking of judgment execution conditions [38]
1. Based on results of
verification of judgment execution conditions, heads of civil judgment
enforcement agencies shall issue decisions on lacking of judgment execution
conditions in the following cases:
a) The judgment debtor
has no income or has low incomes which can only ensure his/her minimum living
standards and persons whom he/she shall nurture, and has no assets for judgment
enforcement or has assets the value of which is sufficient only for paying
expenses for judgment enforcement or has assets which are not allowed to be
distrained and handled for judgment enforcement under law;
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c) The address or place
of residence of the judgment debtor or a minors consigned to other persons for
nurturing cannot be identified.
2. Information on names,
addresses and judgment execution obligations of judgment debtors who are lack
judgment execution conditions shall be posted up on websites on civil judgment
enforcement and sent to commune-level People’s Committees of areas where it is
verified for public notification. When judgment debtors have sufficient
conditions for judgment execution, judgment enforcement agencies shall organize
the judgment enforcement.
The Government of Vietnam
shall elaborate on this Clause.
Article 45. Time limit
for voluntary execution of judgments [39]
1. The time limit for
voluntary execution of a judgment is 10 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 otherwise
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 10 pm to 6 am, or on weekends
and holidays as provided by law and in other special cases specified by the
Government of Vietnam.
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1. Sums of money
collected from judgment enforcement shall, after subtracting judgment
enforcement expenses and the sum of money specified in Clause 5, Article 115 of
this Law, be used to pay 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 fees and
charges;
c) Other payables under
enforced judgments or decisions.
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 at the same priority level, payment shall be made in
proportion to sums of money enjoyable by these creditors;
b) Sum of money collected
under a coercive judgment enforcement decision shall be paid to those who are
judgment creditors by the time of issuance of such decision. The remainder
shall be paid to those who are judgment creditors under other judgment
enforcement decisions by the time of payment;
c) After making payment
under Points a and b of this Clause, the remainder shall be returned to
judgment debtors.
3. In case of handling
assets in pledge or mortgage whereby pledgees and mortgagees are judgment
creditors, or in case of selling assets ruled under the judgment or decision to
be distrained to secure the fulfillment of a specific obligation, the sum of money
collected from selling distrained, pledged and mortgaged assets shall be paid
first of all to pledgees and mortgagees or parties with secured obligations
after subtracting court fees, judgment enforcement expenses and sums of money
specified in Clause 5, Article 115 of this Law.
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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 or assets from judgment enforcement, enforcers shall pay such
money or return the assets under Clauses 1, 2 and 3 of this Article.
In case involved parties
fail to come for their money or assets, such money and assets shall be handled
under Article 126 of this Law.
Article 48.
Postponement of judgment enforcement
1.[41] Heads of
civil judgment enforcement agencies shall issue decisions to postpone judgment
enforcement in the following cases:
a) The judgment debtor
falls seriously ill as certified by at least a medical establishment of
district, or has entirely or partially lost his/her civil act capacity under a
court decision;
b) Judgment debtors’
addresses have not yet been identified, or judgment debtors cannot fulfill by
themselves their obligations under the judgments or decisions for other
plausible reasons;
c) Involved parties agree
to postpone the judgment enforcement. The agreement on postponement must be
made in writing, clearly stating the postponement duration and bearing
signatures of involved parties. In this duration, the judgment debtor shall
bear no interest arising from the postponed judgment enforcement, unless
otherwise agreed by involved parties;
d) Assets for judgment
enforcement are accepted by a court for handling under Articles 74 and 75 of
this Law; the value of distrained assets defined in Article 90 of this Law is
equal to or lower than enforcement expenses and secured obligations upon the
reduction of their prices under regulation;
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e) Asset recipients,
persons assigned to nurture involved parties have been properly informed twice
of the receipt of assets and to-be-nurtured persons but fail to show up to
receive;
g) The transfer of rights
and obligations for judgment enforcement according to Article 54 of this Law
has not been made due to force majeure circumstances or objective obstacles;
h) Distrained assets
cannot be sold and judgment creditors refuse to receive them for judgment
execution under Clause 3, Article 104 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 decisions 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 decisions 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
having grounds 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 the 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.
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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 decisions according to cassation or re-opening
procedures.
For judgments or
decisions 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 revoke the protest;
b) A court’s cassation or
re-opening decision to uphold the protested judgment or decision;
c) A court’s decision on
suspension of procedures for bankruptcy or resumption of business operation of
an enterprise or cooperative falling into bankruptcy.
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1.[42] 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 obligations under the
judgment or decision 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 decision 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 partially or wholly terminate rights and interests of the
judgment creditor, under the judgment or decision, unless the judgment
enforcement termination affects lawful rights and interests of the third party;
d) The judgment or
decision is partially or wholly quashed, except the case specified in Clause 2,
Article 103 of this Law;
dd) The judgment debtor
being an organization is dissolved and has no assets while, as prescribed by
law, its obligation must not be transferred to another organization;
e) There is a decision on
judgment execution obligation exemption;
g) The court has decided
to open bankruptcy procedures for the judgment debtor;
h) The minor who had been
consigned to another person for nurturing under judgments or decisions dies or
has become an adult.
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Article 51.[43]
(annulled)
Article 52. Conclusion
of judgment enforcement [44]
Judgment enforcement
automatically concludes in the following cases:
1. The civil judgment
enforcement agency certifies that involved parties have completely exercised
their rights and fulfilled their obligations.
2. There is a judgment
enforcement termination decision.
Article 53.
Certification of judgment enforcement results
Involved parties may
request 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
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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 division or
separation, the agency issuing the division and separation decision shall
clearly identify individuals and organizations to continue exercising the right
or performing the obligation to execute judgments under this decision, unless
otherwise provided for by law.
If the division or
separation decision does not state the obligation of the new organization, the
organization shall, after the division or separation, take joint responsibility
for performing the judgment execution obligation of the divided or separated
organization;
d)[45] In case of
dissolution, agencies competent to issue dissolution decisions shall notify
civil judgment enforcement agencies 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.
In case an enterprise is
dissolved due to the revocation of its business registration certificate as
prescribed in the Law on Enterprises, the judgment execution obligation shall
be transferred under the Law on Enterprises.
Civil judgment
enforcement agencies, judgment creditors, persons with related rights and
obligations may request competent agencies to reconsider dissolution decisions
in accordance with 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;
dd) In case of
bankruptcy, the judgment execution right or obligation shall be exercised or
performed under bankruptcy decisions;
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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 revocation 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, revoke or issue other appropriate decisions and
notices under this Law.
4. In case an involved
party agrees with the transfer of the judgment execution right or obligation to
a third party, the latter will have the rights and obligations of this involved
party.
Article 55.
Entrustment of judgment enforcement and entrustment of handling assets [47]
1. Civil judgment
enforcement agencies shall entrust the judgment enforcement in the following
cases:
a) Entrust judgment
enforcement to civil judgment enforcement agencies in areas where judgment
debtors have their assets, work, reside or are based after completion of the
handling of assets temporarily held, seized or distrained in areas related to
entrusted sums of money, except for the case in Point b of this Clause.
In case of entrusted
performance of asset-related obligations, entrust the performance to the civil
judgment enforcement agency in the area where the judgment debtor has his/her
assets; if the area where assets exist cannot be identified, the performance
shall be entrusted to the civil judgment enforcement agency in the place where
the judgment debtor works, resides or is based.
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b) Entrust judgment
enforcement in relation to secured asset based on the judgment or decision to
the civil enforcement agency in the place where the asset is located.
2. Civil enforcement
agencies may handle assets in their areas and also entrust the handling of
assets to civil enforcement agencies in areas where the assets subject to
distraint or freezing under courts’ judgments or decisions are located or
handle assets which are located in different areas.
Article 56. Competence
to entrust judgment enforcement and handling of assets [48]
1. Provincial civil
enforcement agencies may entrust the judgment enforcement and handling of
assets:
a) Entrusting to
provincial civil enforcement agencies in other areas the enforcement of
judgments and decisions on re-employment of employees or payment of
compensations for damage whereby judgment debtors are provincial or central
state agencies; judgments and decisions involving foreign elements or related
to intellectual property rights; awards of commercial arbitrations; decision on
handling of a competition case of Chairman of the National Competition
Commission, the Council for Handling of Anti-Competition Cases, decision on
handling complaint against decision on handling competitions case of Chairman
of the National Competition Commission, anti-competitive complaint handling
council;
b) Entrusting to military
zone-level judgment enforcement agencies the enforcement of judgments and
decisions under which involved parties or assets are related to the Army in
their areas;
c) Entrusting to
district-level civil judgment enforcement agencies the enforcement of other
judgments and decisions, except the cases specified at Points a and b of this
Clause.
2. District-level civil
judgment enforcement agencies may entrust judgment enforcement or handling of
assets of cases falling under their judgment enforcement competence to
provincial-level civil judgment enforcement agencies in other areas, military
zone-level judgment enforcement agencies or other district-level judgment
enforcement agencies.
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 or district-level civil judgment enforcement agencies.
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1. Procedures for
entrusting judgment enforcement:
a) Within 5 working days
after the date of identification of grounds for entrustment, the head of civil
judgment enforcement agency shall issue a judgment enforcement decision. In
case of enforcement of a court decision on application of provisional urgent
measures, the entrustment shall be made within 24 hours since the grounds for
entrustment are obtained. In case the entrustment is deemed necessary after an
enforcement warrant was granted, a revocation decision is required to revoke a
part or the whole of the enforcement warrant.
Dossier of entrustment of
judgment enforcement includes a decision on entrustment of judgment
enforcement; the judgment or decision or copies thereof in case of entrustment
to varied places, or under point b clause 1 Article 55 of this Law; copy of the
record of distraint or lien on property and relevant documents, if any;
b) Within 5 working days
after receiving the entrustment decision, the head of the entrusted civil
enforcement agency shall make an enforcement warrant and communicate in writing
to the entrusting civil enforcement agency. In case of enforcement of decision
on application of provisional emergency measures, the enforcement warrant shall
be granted immediately.
2. Procedures for
entrusting handling of assets:
a) The head of civil
enforcement agency makes a decision on entrustment of handling assets.
The dossier of
entrustment of handling assets includes a decision on entrustment of handling
assets; a copy of judgment or decision; decision on judgment enforcement and
other relevant documents, if any;
b) Within 5 working days
after receiving the decision on entrustment of handling assets, the head of
entrusted civil enforcement agency shall make a decision on entrustment of
handling assets, designate an executor to enforce the judgment and give a
written notice to the entrusting civil enforcement agency.
The executor shall, based
on the enforcement warrant, enforcement result performed by the entrusting
civil enforcement agency and decision on entrustment of handling assets,
further carry out procedures for handling assets as per this Law;
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d) The entrusting civil
enforcement agency shall take full responsibility for the enforcement process,
except for handling of asset performed by the entrusted civil enforcement
agency.
If the value of the asset
or the proceed obtained from the asset once it is auctioned off is sufficient
to pay off the amount owed by the judgment debtor and relevant costs or a
decision on delay or suspension of judgment enforcement is made, the entrusting
civil enforcement agency shall promptly notify the entrusted civil enforcement
agency in writing to suspend the handling of remaining assets. The handling of
assets will proceed further if it is so notified by the entrusting civil
enforcement agency.
If the amount owed on the
money judgment and relevant cots are fully paid off or a decision on delay or
suspension of judgment enforcement is made, the entrusting civil enforcement
agency shall promptly notify the entrusted civil enforcement agency in writing
to stop the handling of remaining assets, and release the distrained asset as
per this Law. The entrusting civil enforcement agency shall pay for the cost of
judgment enforcement before termination of handling assets to the entrusting
civil enforcement agency as prescribed in Clause 1 and Clause 2 Article 73
hereof;
dd) The entrusted civil
enforcement agency shall comply with regulations on handling assets, promptly
send a written notice of asset valuation result, auction time, handling asset result
to the entrusted civil enforcement agency; suspend or stop the handling asset
as required by the entrusting civil enforcement agency.
3. The entrusted civil
enforcement agency may not refuse to execute the decision on entrustment of
judgment enforcement, handling of assets, unless the entrustment decision has
any error or mistake as to contents or competence of the entrusted civil
enforcement agency.
Article 58.
Preservation of assets for judgment enforcement
1. Assets for judgment
enforcement shall be preserved in any of the following forms:
a) Consignment to
judgment debtors or their relatives defined in Clause 2, Article 40 of this Law
or current users for preservation;
b) Preservation by
individuals or organizations with preservation conditions;
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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 fined, disciplined or
criminally prosecuted. If they cause damage, they shall pay compensations as
prescribed by law.
Article 59. Judgment
enforcement upon a change in asset prices at the time of judgment enforcement
In case a party, under a
judgment or decision, receives assets and is obliged to pay to the other party
the asset value he/she receives, but at the time of judgment enforcement, the
asset value changes and any involved party requests the asset valuation, these
assets shall be valuated under Article 98 of this Law for judgment enforcement.
Article 60. Civil
judgment enforcement fee
Judgment creditors shall
pay a civil judgment enforcement fee.
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Article 61. Conditions
for judgment execution obligation exemption or reduction regarding state budget
remittances
1. A judgment debtor may
be considered for exemption from the judgment execution obligation if he/she
meets the following conditions:
a) Having no assets for
judgment enforcement or having assets which are not allowed to be handled for
judgment enforcement as prescribed by law, or having no income or having low
incomes which can only ensure the minimum living standards for him/her and
persons that he/she is responsible for nurturing;
b) Passing the time limit
of 5 years after the issuance of judgment enforcement decisions regarding state
budget remittances valued at under 2.000.000 VND; or 10 years after the
issuance of judgment enforcement decisions regarding state budget remittances
valued at between 2.000.000 VND and under 5.000.000 VND.
2. Judgment debtors who
have partially paid state budget remittances may be considered for exemption
from the remaining part of their obligation if they meet the following
conditions:
a) Falling into the case
specified at Point a, Clause 1 of this Article;
b) Passing the time limit
of 5 years after the issuance of judgment enforcement decisions in case the
remaining obligation part is valued at under 5.000.000 VND; or 10 years after
the issuance of judgment enforcement decisions if the remaining obligation part
is valued at between 5.000.000 VND and under 10.000.000 VND.
3. Judgment debtors who
have partially paid state budget remittances and falling into the case
specified at Point a, Clause 1 of this Article shall be considered for
reduction of part of their obligations if they meet one of the following
conditions:
a) Passing the time limit
of 5 years after the issuance of judgment enforcement decisions in case the
remaining obligation part is valued at between 10.000.000 VND and 100.000.000
VND, each reduction must not exceed a quarter of the remaining obligation part.
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4. Judgment debtors who
proactively have paid part of court fees and fines, but suffer a prolonged
extremely difficult economic condition due to natural disasters, fire,
accidents, or illness which renders them unable to execute their remaining
obligation part, or have accomplished feats, may be considered for exemption
from the execution of their remaining obligation part.
5. Judgment debtors
specified in Clauses 1, 2 and 3 of this Article will be considered for judgment
execution exemption or reduction for each judgment or decision only once a
year.
The first-time judgment
enforcement decision serves as a ground for determining the time limit for
exemption from or reduction of judgment execution obligations.
6. The Ministry of
Justice of Vietnam shall take charge and cooperate with the Supreme People’s
Court of Vietnam and the Supreme People’s Procuracy of Vietnam in guiding this
Article.
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 judgment or
decision of the court 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;
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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 people’s courts of urban and rural districts, towns, provincial
cities and the equivalent[51]) in areas 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 decision on acceptance, partial
acceptance or non-acceptance of the request.
4. Within 5 working days
after issuing a decision 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 decisions on judgment execution obligation exemption or reduction
regarding state budget remittances
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Upon the expiration of
the above time limit, if the procuracy makes no protest, the court decision
will take effect.
2. Within 7 days after
receiving a procuracy’s protest decision, the court that has issued the
decision 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 decision on protest
settlement.
Court decisions on
settlement of protests against judgment execution obligation exemption or
reduction shall be enforced.
4. In case the procuracy
revokes 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 decision on judgment execution obligation exemption or
reduction shall be enforced.
5. After the decision 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 decision 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.
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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) Freezing accounts;
b) Seizing assets and
papers;
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Article 67. Freezing
of accounts and assets in places consigned for safekeeping [52]
1. The freezing of
accounts and assets in places consigned for safekeeping shall be carried out in
case judgment debtors have accounts and assets consigned for safekeeping.
2. The decision on
freezing of accounts and assets in places consigned for safekeeping must
clearly state the amount of money and assets to be frozen. Enforcers shall hand
freezing decisions to agencies, organizations or individuals currently managing
accounts and assets of judgment debtors.
In case of necessity to
immediately freeze judgment debtors’ accounts and assets without freezing
decisions, enforcers shall make written records requesting agencies,
organizations and individuals managing judgment debtors’ accounts and assets to
carry out the freezing of such accounts and assets. Within 24 hours after
making written records, enforcers shall issue account and asset freezing decisions.
Agencies, organizations
and individuals managing accounts and assets shall promptly abide by the
enforcers’ requests for account and asset freezing. In this case, written
records and account and asset freezing decisions must be immediately submitted
to same-level people’s procuracies.
3. Within 10 days after
the issuance of decisions on freezing of accounts and assets in places
consigned for safekeeping, enforcers shall apply coercive measures or issue
decisions on termination of the freezing under this Law.
Article 68. Seizure of
assets and papers of involved parties [53]
1. Enforcers who are
performing the judgment enforcement task may seize assets and papers related to
the judgment enforcement which are currently managed and used by involved
parties or other organizations and individuals. Related agencies, organizations
and individuals shall cooperate with and assist enforcers and fulfill their
requests for seizure of assets and papers.
2. Asset and paper
seizure decisions must clearly state types of to-be-seized assets and papers.
Enforcers shall hand these decisions to involved parties or organizations and
individuals currently managing and using such assets and papers.
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Within 24 hours after
making written records, enforcers shall issue asset and paper seizure
decisions. Written records and asset and paper seizure decisions must be
promptly submitted to same-level people’s procuracies.
3. A written record of
the seizure of assets and papers must be made and signed by enforcers and persons
managing such assets and papers. In case such persons refuse to sign, the
written record must bear signatures of witnesses. Written records of seizure of
assets and papers must be handed over to persons managing assets and papers.
4. Enforcers shall request
involved parties, and related agencies, organizations and individuals to
provide necessary papers and documents to prove their ownership and use rights
of such assets and papers; and notify involved parties and related agencies,
organizations and individuals of their rights to initiate lawsuits for
requesting determination of the asset ownership and use rights of the seized
assets and papers.
When necessary, enforcers
shall verify and clarify or request the court or a competent agency to
determine persons having ownership and use rights of the seized papers and
assets.
5. Within 10 days after
having a ground to determine that seized assets and papers are under ownership
and use rights of judgment debtors, enforcers shall issue a decision on
application of coercive measures as prescribed in Chapter IV of this Law; in
case of having a ground to determine that seized assets and papers are not
under ownership and use rights of judgment debtors, or are under ownership and
use rights of judgment debtors who have fulfilled their obligations, enforcers
shall issue decisions to return assets and papers to persons with rights to own
and use them.
Article 69. Suspension
of registration or transfer of ownership or right to use or change in the
current state of assets [54]
1. When it is necessary
to prevent involved parties from, or these parties are detected to have
committed acts of, transferring the ownership or use rights, dispersing, destroying
or changing the current state of assets and shirking the judgment enforcement,
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 their common assets with other persons.
2. Such decisions must be
promptly sent to related 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.
3. Enforcers shall
request involved parties, and related agencies, organizations and individuals
to provide necessary papers and documents to prove their ownership and use
rights of assets; and notify involved parties and related agencies,
organizations and individuals of their rights to initiate lawsuits for
requesting determination of the asset ownership and use rights.
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4. Within 10 days after
having a ground to determine assets are under ownership and use rights of
judgment debtors, enforcers shall issue decisions on application of coercive
measures as prescribed in Chapter IV of this Law; in case of having ground to
determine that assets are not under ownership and use rights of judgment
debtors, enforcers shall issue decisions to terminate the suspension of the
registration or 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
decisions;
2. Judgment enforcement
decisions;
3. Coercive judgment
enforcement decisions, unless judgments or decisions declare the distraint of
assets or freezing 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.
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3. Distraint and handling
of assets of judgment debtors, including also those held by third parties.
4. Utilization of assets
of judgment debtors.
5. Forced transfer of
objects, property rights and papers.
6. Forced performance or
non-performance of certain work by judgment debtors.
Article 72. Coercive
judgment enforcement plans [55]
1. Enforcers shall work
out plans on conducting coercive judgment enforcement in case of necessity to
mobilize forces.
2. A coercive judgment
enforcement plan has the following principal contents:
a) Name of the person
subject to coercive measure;
b) Coercive measure to be
applied;
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d) Method of conducting
the coercive enforcement;
dd) Forces to participate
in protecting the coercive enforcement;
e) Estimated expenses for
the coercive enforcement.
3. Coercive enforcement
plans shall be promptly sent to the people’s procuracies and public security
offices at the same level, commune-level People’s Committees of areas where the
coercive enforcement is conducted, and agencies, organizations and individuals
related to the coercive enforcement. Related agencies, organizations and
individuals shall comply with plans and requests of enforcers.
4. Within 3 working days
after receiving the coercive enforcement plans of the civil judgment
enforcement plans at the same level, public security offices shall work out
coercive enforcement and coercive enforcement protection plans.
Public security offices
shall arrange necessary forces and means to maintain order and protect scenes,
promptly prevent and handle acts of dispersing assets, obstructing or opposing
the judgment enforcement, hold opposing persons in custody, 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;
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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;
dd) Expense for seizure
of assets and papers;
e) Payment for persons
directly participating in and protecting coercive judgment enforcement.
2. Judgment creditors
shall bear the following expenses for coercive judgment enforcement:
a)[56] Expense for
asset revaluation upon judgment creditors’ requests, 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 decisions
require judgment creditors to bear this expense.
3. Civil judgment
enforcement agencies shall entrust the judgment enforcement in the following
cases:
a) Expense for
revaluation of assets due to violations of valuation regulations;
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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 of
Vietnam 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.
Identification, division and handling of common assets for judgment enforcement
[58]
1. In case of failing to
identify the proportion of asset ownership or land use rights of the judgment
debtor in the common assets for judgment enforcement, the enforcer shall notify
the judgment debtor and co-owners of assets or land use rights so that they
reach an agreement on division of common assets or request the court to settle
the case according to civil procedure.
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Past 15 days after
receiving the notification, if the judgment creditor fails to request the court
to settle the case, the enforcer shall request the court to identify the
proportion of asset ownership or land use rights of the judgment debtor in the
common assets according to civil procedure.
The enforcer shall handle
assets according to the court’s decisions.
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 considerably reduces the asset value, the
enforcer may apply coercive measures regarding all assets and pay to other
co-owners the value of asset proportions under their ownership.
3. Co-owners have the
preemptive right to buy the asset ownership proportion of the judgment debtor
in the common assets.
Before the first-time
sale of the asset ownership proportion in the common assets, the enforcer shall
notify and determine a time limit for co-owners to buy the asset ownership
proportion of the judgment debtor at determined prices within 3 months for real
estate and 1 month for movables. For subsequent asset sales, the time limit is
15 days after the valid notification is made.
Within 5 working days
after the time limit for preemptive right expires, if co-owners do not buy
assets, the assets may be sold under Article 101 of this Law.
Article 75. Settlement
of disputes, requests for cancellation of papers or transactions related to
assets for judgment enforcement [59]
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Within 30 days after the
valid notification is made, if involved and disputing parties initiate a
lawsuit at court or request a competent agency to settle the dispute, assets
shall be handled under the court decisions or decisions of competent agencies.
Within 30 days after the
valid notification is made, if involved and disputing parties do not initiate a
lawsuit at court or request a competent agency to settle the dispute, assets
shall be handled by the enforcer for judgment enforcement under this Law.
2. If there is a ground
to identify that a transaction related to assets for judgment enforcement is
conducted in order to shirk the judgment execution obligation, the enforcer
shall notify such to the judgment creditor for requesting the court to declare
such transaction invalid or the competent agency to cancel papers related to
that transaction.
Past 15 days after
receiving the notification, if the judgment creditor does not request, the
enforcer shall request the court to declare that transaction invalid or the
competent agency to cancel papers related to that transaction.
3. In case the enforcer
requests the court to settle matters specified in Clause 1, Article 74 of this
Law and Clauses 1 and 2 of this Article for judgment enforcement, he/she shall
pay no court charges and fees.
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.
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1. The account freezing
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 freezing 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 legal incomes.
2. Subtraction from
incomes of judgment debtors shall be made in the following cases:
a) Under involved
parties’ agreement;
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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.
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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
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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 utilization. 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 utilization 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 laws on
intellectual property.
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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 of
Vietnam 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;
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d) Ordinary worshipping
objects according to local customs;
dd) Essential working
tools of small value and used as major or sole means of living of judgment
debtors and their families;
e) 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) Nurseries, 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.
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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 makers, witnesses 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.
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Upon detecting that third
parties are currently holding assets of judgment debtors, including assets
identified under other judgments or decisions, 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.
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Upon distraint of assets
being construction works on 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.
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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 affiliated cities where
distrained assets exist in the following cases:
a) Involved parties
cannot reach agreement on prices of assets and selection of valuation
organizations;
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c) Part of judgments or
decisions 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 of Vietnam shall elaborate on 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)[60] Involved
parties request revaluation before public notification of asset auction. A
revaluation request shall be fulfilled only once and accepted only if involved
parties file it within 5 working days after receiving the notification of
revaluation results and immediately pay advanced revaluation expenses.
2. Distrained assets
shall be revaluated under Clauses 2 and 3, Article 98 of this Law.
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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 forms:
a) Auction;
b) Non-auction sale.
2. Distrained assets
being movables valued at more than 10.000.000 VND and real estate shall be
auctioned by auctioneering organizations.
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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 affiliated 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 2.000.000 VND to 10.000.000 VND.
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 2.000.000 VND or raw or
perishable assets.
Assets shall be sold
within 5 working days after the date of distraint.
5. 1 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.
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6. Auction procedures
must comply with the law on asset auction.
Article 102.
Cancellation of asset auction results [62]
1. Cancellation of asset
auction results shall comply with regulations on asset auction. In case asset
auction results are cancelled, the handling of assets for judgment enforcement
must comply with this Law.
2. If there is a ground
to prove a violation is committed in the course of auction, purchasers of
assets through auction or enforcers may initiate lawsuits to request the court
to settle disputes over asset auction results.
3. The remediation of
consequences and payment of compensations for damage caused by the cancellation
of asset auction results must comply with law.
Article 103.
Protection of the rights of purchasers of assets through auction or recipients
of assets for judgment enforcement [63]
1. Purchasers of assets
through auction or recipients of assets for judgment enforcement have their
ownership and use rights to the assets protected.
2. If purchasers of
assets through auction pay fully for purchasing assets but judgments or
decisions are protested against, amended or cancelled, civil judgment
enforcement agencies shall continue the asset handover, including coercive
judgment enforcement for handing assets to purchasers, except when asset
auction results are cancelled in accordance with law or involved parties reach
another agreement.
3. Coercive handover of
assets to purchasers of auctioned assets and recipients of assets for judgment
enforcement must comply with Articles 114, 115, 116 and 117 of this Law.
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1. Within 5 working days
after receiving the auctioneering organization’s notification that there is no
bidder for assets put up for first-time auction or auction is unsuccessful, the
enforcer shall notify and request involved parties to reach agreement on
reduction of asset prices.
Within 10 days after
receiving the notification, if involved parties do not agree or cannot reach
agreement on reduction of asset prices, the enforcer shall decide on reduction
of asset prices for further auction.
2. From the second-time
price reduction on, if there is no bidder for the auction or the auction is
unsuccessful, the judgment creditor may receive assets for clearing against
sums of money receivable under the judgment enforcement.
In case the judgment creditor
agrees to receive assets for clearing against sums of money receivable under
the judgment enforcement, within 10 days after receiving the notification that
there is no bidder for the auction or the auction is unsuccessful, the enforcer
shall notify such to the judgment debtor.
Within 30 days after
receiving the notification on the judgment creditor’s consent to receiving
assets for judgment enforcement, if the judgment debtor fails to fully pay sums
of money receivable under the judgment enforcement and judgment enforcement
expenses to receive back assets put up for auction, the enforcer shall hand
over assets to the judgment creditor. For assets being real estate or movables
subject to compulsory ownership and use right registration, enforcers shall
issue decisions to hand over assets to judgment creditors for conducting
registration procedures and granting asset ownership and use right
certificates. Judgment debtors and current managers or users of assets that
fail to voluntarily hand over assets to judgment creditors may be subject to
coercive judgment enforcement.
3. In case judgment
creditors disagree to receive assets for judgment enforcement, enforcers shall
issue decisions on reduction of asset prices for further auction. If the
reduced asset value is equal to or lower than coercive enforcement expenses,
but judgment creditors still refuse to receive for clearing against sums of
money receivable under the judgment enforcement, these assets shall be returned
to judgment debtors for management and use. Judgment debtors may not put these
assets in civil transactions until they complete their judgment execution
obligation.
4. For assets put up for
auction for payment of state budget remittances, within 10 days after receiving
the notification that there is no bidders for the auction or the auction is
unsuccessful, enforcers shall decide on reduction of asset prices for further
auction.
5. Each price reduction
provided in Clauses 1, 3 and 4 of this Article does not exceed 10% of the
reserve price of the preceding auction.
Article 105. Release
of distrained assets
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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.[65] A
dossier for registration of ownership or use right transfer includes:
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b) A copy of the judgment
or decision;
c) The judgment
enforcement decision;
d) The asset distraint
decision, if any;
dd) A written record of
the successful auction or asset handover decision and receipt for judgment
enforcement;
e) Other asset-related
deeds.
4.[66] For assets
being rights to use land, houses and other land-attached assets without
certificates of land use rights and ownership of houses and other land-attached
assets or with their certificates irrecoverable, competent agencies shall grant
certificates under the Government’s regulations.
5.[67] For assets
not falling into one of the cases in Clause 4 of this Article and without registration
certificates or with their certificates irrecoverable, agencies with
registration competence shall grant asset ownership and use registration
certificates.
6.[68] Newly
granted certificates will replace irrecoverable certificates. Irrecoverable certificates
are no longer valid.
Section 7. COERCIVE
UTILIZATION OF ASSETS
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1. Enforcers may coerce
the utilization 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 utilized for judgment enforcement;
b) Judgment creditors
agree with coercive utilization of assets for judgment enforcement, provided
the utilization of assets does not affect the rights and legitimate interests
of third parties.
2. Enforcers shall issue
decisions on coercive utilization of assets. Such a decision must clearly state
the form of utilization; 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
utilization of assets shall be promptly sent to agencies competent to manage or
register these assets and commune-level People’s Committees in areas where
these assets exist.
Transactions over and
transfer of ownership of utilized assets are subject to approval of enforcers.
Article
108. Forms of coercive utilization of assets for judgment enforcement
Assets of judgment
debtors may be coercively utilized for judgment enforcement in the following
forms:
1. Assets that are being
utilized by judgment debtors themselves or by other parties with the permission
of judgment debtors may be further utilized by current users.
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2. Users of assets
specified in Clause 1 of this Article shall remit proceeds from the asset utilization
to civil judgment enforcement agencies after subtracting necessary expenses.
3. Within 30 days after
being requested, if judgment debtors fail to sign asset utilization contracts
with other parties, enforcers shall distraint and handle assets for judgment
enforcement.
Article 109.
Termination of coercive utilization of assets
1. Enforcers may issue
decisions on termination of coercive utilization of assets in the following
cases:
a) The utilization of
assets is ineffective or impedes the judgment enforcement;
b) Judgment debtors and
asset users fail to properly comply with enforcers’ requests for asset
utilization;
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
utilization 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.
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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.
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1. In case distrained
land areas are currently managed, utilized or used by judgment debtors,
enforcers shall temporarily assign these land areas to these debtors.
In case distrained land
areas are currently managed, utilized 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, utilization 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, utilization 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, utilization or use;
d) Specific rights and
obligations of persons who are temporarily assigned land for management,
utilization or use.
4. In the duration of
temporary assignment of distrained land for management, utilization 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.
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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
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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)[69] 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, they may initiate lawsuits to request the court 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 decisions.
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.
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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 decisions 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 area. The remaining judgment execution obligation shall be performed under
this Law.
Article 116. Coercive
handover and return of papers[70]
1. In case judgment
debtors refuse to hand over or return papers to judgment creditors under
judgments or decisions, enforcers shall force judgment debtors to do so.
In case returnable papers
are identified to be held by third parties, enforcers shall request these
parties to hand over or return papers they are holding. If third parties fail
to voluntarily hand over or return papers, enforcers shall force them to do so
for judgment enforcement.
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3. Irrevocable
certificates of land use rights and ownership of houses and other assets on
land and other papers on related assets must comply with Clauses 4 and 5,
Article 106 of this Law.
4. In case irrecoverable
papers are not reissuable, the judgment enforcement shall be conducted under
Article 44a of this Law.
Article 117. Coercive
transfer of land use rights
1. In case judgments or
decisions 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 areas where
transferred land areas exist.
2. Assets on transferred
land shall be handled according to the following provisions:
a) In case they are
formed after the judgments or decisions 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
on 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;
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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 decisions 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
conduct criminal prosecution for 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 decisions.
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 conduct criminal prosecution for failure to
execute judgments.
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1. Enforcers shall issue
decisions on the coercive consignment of minors to assigned fosterers under
judgments or decisions. Before coercing the consignment of minors to assigned
fosterers, enforcers shall cooperate with local authorities and socio-political
organizations in such areas in persuading involved parties to execute judgments
voluntarily.
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 conduct
criminal prosecution for the crime of failure to execute judgments.
Article 121. Coercive
reemployment of employees
1. In case employers
refuse to reemploy employees under judgments or decisions, enforcers shall
issue decisions to impose fines on individual employers or heads of employment
agencies or organizations while setting a time limit of 10 days after the date
of issuance of these decisions for employers to reemploy employees. Upon the
expiration of the set time limit, if employers still fail to do so, enforcers
shall request competent agencies to discipline them or criminally prosecute
them for failure to execute judgments.
2. In case employers
cannot arrange reemployed employees back to jobs under judgments or decisions,
they shall arrange them to do other jobs with the same salary under the labor
law.
In case reemployed
employees 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
employees salary amounts during the period they cannot arrange these employees
to jobs under judgments or decisions, 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
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Article 122. Transfer
of seized material evidence or assets together with judgments or decisions
1. Seized material
evidence and assets under criminal judgments or decisions to serve the
adjudication which has yet to be transferred 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 decisions.
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.
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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 decisions 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 finance agencies in areas 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 transfer of seized
material evidence and assets shall be accompanied with judgment enforcement
decisions, judgments or decisions or their valid copies made by civil judgment
enforcement agencies.
3. The transfer 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 cooperate with finance
agencies at the same level or provincial-level finance agencies in areas 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
decisions, unless immediate destruction is required by law.
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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 decisions 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 decisions 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.
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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 of Vietnam for
handling under law.
5. The return of advanced
court fee amounts under judgments or decisions must comply with Clauses 1, 2, 3
and 4 of this Article.
Article 127. Handling
of assets pronounced under judgments or decisions to be distrained for securing
judgment enforcement
Enforcers shall handle
under Articles 98, 99, 100 and 101 of this Law assets which are pronounced
under judgments or decisions to be distrained for security of judgment
enforcement in case judgment debtors fail to voluntarily execute judgments.
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
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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 DECISIONS ON APPLICATION OF PROVISIONAL URGENT MEASURES
Article 130.
Procedures for enforcing decisions 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 decisions 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
decisions 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 decisions 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.
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dd) Coercive measures
specified in Clause 3, Article 71 and Articles 98, 99, 100 and 101 of this Law
to secure the enforcement of decisions on permitting the harvest and sale of
cash crops or other commodity products.
2. In case judgment
debtors reside or have assets in other areas, heads of civil judgment
enforcement agencies shall, depending on a case-by-case basis, issue decisions
to entrust civil judgment enforcement agencies in areas where these persons
reside or have assets to organize the enforcement of decisions on application
of provisional urgent measures.
Article
131. Enforcement of decisions on alteration of provisional urgent measures or
application of additional ones
1. When receiving court
decisions 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 decisions on application of
provisional urgent measures.
2. In case overturned
decisions on application of provisional urgent measures have been partially or
completely enforced, heads of civil judgment 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 decisions on application of provisional urgent
measures
1. In case courts rule to
quash decisions on application of provisional urgent measures, upon receiving
new court decisions, heads of civil judgment enforcement agencies shall issue
decisions on termination of enforcement of decisions on application of
provisional urgent measures.
Within 24 hours after
receiving decisions on termination of enforcement of decisions on application
of provisional urgent measures, enforcers shall carry out procedures to release
and return distrained assets, release frozen assets or accounts of obligors.
2. In case decisions on
application of provisional urgent measures are quashed by courts but have been
partially or completely enforced by civil judgment enforcement agencies, the
interests of involved parties shall be settled under Clause 2, Article 131 of
this Law.
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1. Expenses for
enforcement of court decisions on application of provisional urgent measures
shall be advanced by the state budget under Article 73 of this Law.
Persons who have
requested courts to make decisions on wrongful application of provisional urgent
measures shall pay actual expenses for the enforcement of these decisions.
Advances shall be deducted and security assets shall be handled to cover these
expenses.
2. In case courts apply
provisional urgent measures at their own will, enforcement expenses shall be
covered by the state budget.
Section 3. ENFORCEMENT
OF CASSATION OR RE-OPENING DECISIONS
Article 134.
Enforcement of cassation or re-opening decisions upholding legally effective
judgments or decisions
In case cassation or
re-opening decisions uphold legally effective judgments or decisions 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 decisions have been completely enforced, heads of
civil judgment enforcement agencies shall notify such to courts which have made
cassation or reopening decisions, procuracies at the same level and involved
parties.
Article 135.
Enforcement of cassation decisions upholding lower-level courts’ lawful
judgments or decisions which have been quashed or modified
1. In case cassation
decisions uphold lower-level courts’ lawful judgments or decisions which have
been quashed or modified, enforcement shall be conducted under these cassation
decisions and lower-level courts’ lawful judgments or decisions which have been
quashed or modified.
2. For parts of
lower-level courts’ judgments or decisions 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 decisions,
procuracies at the same level and involved parties.
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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 decisions 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 decisions which have been quashed
or modified shall settle them under law.
Article 136.
Enforcement of cassation or reopening decisions quashing legally effective
judgments or decisions
1. In case cassation or
re-opening decisions quash legally effective judgments or decisions 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 decisions or new appellate judgments.
2. In case cassation or
re-opening decisions quash legally effective judgments or decisions and stop
the handling of the cases, and the property part of quashed judgments or
decisions has been partially or completely enforced. Clause 3, Article 135 of
this Law must be complied with.
Section 4. ENFORCEMENT
OF DECISIONS 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.
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2.[71] Heads of
civil judgment enforcement agencies shall issue decisions on suspension of
asset-related judgment enforcement with judgment debtors being enterprises or
cooperatives which fall bankrupt right after receiving court decisions 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 judgment
enforcement documents related to the continued performance of the property
obligation of enterprises or cooperatives falling bankrupt to the court.
3. Within 5 working days
after making decisions on termination of bankruptcy or business resumption
procedures, judges who carry out bankruptcy procedures shall send these
decisions 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 decisions 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.[72] (annulled)
Article 139.[73] (annulled)
Chapter VI
COMPLAINTS AND DENUNCIATIONS ABOUT AND
PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT
Section 1. COMPLAINTS
ABOUT CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF
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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. The prescriptive
period for lodging complaints about decisions or acts of heads of civil
judgment enforcement agencies or enforcers is 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 to
freeze 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 prescriptive period is 15 days after receiving competent persons’ complaint
settlement decisions.
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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 prescriptive
period 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;
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c) Complaints about complaint
settlement decisions of heads of district-level civil judgment enforcement
agencies. Complaint settlement decisions of provincial judgment enforcement
agencies will be effective for enforcement.
3. The head of the civil
judgment enforcement management agency of the Ministry of Justice of Vietnam
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 civil judgment
enforcement agencies. Complaint settlement decisions of the head of the civil
judgment enforcement management agency of the Ministry of Justice of Vietnam
will be effective for enforcement.
4. The Minister of
Justice of Vietnam shall settle the following complaints:
a) Complaints about
complaint settlement decisions of the head of the civil judgment enforcement
management agency of the Ministry of Justice of Vietnam specified at Point a,
Clause 3 of this Article. Complaint settlement decisions of the Minister of
Justice of Vietnam will be effective for enforcement;
b) When necessary, the
Minister of Justice of Vietnam 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 Ministry of National Defense of
Vietnam shall settle the following complaints:
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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 Ministry of National Defense of
Vietnam will be effective for enforcement.
7. The Minister of
National Defense of Vietnam shall settle the following complaints:
a) Complaints about
complaint settlement decisions of the head of the judgment enforcement
management agency of the Ministry of National Defense of Vietnam. Complaint
settlement decisions of the Minister of National Defense of Vietnam will be
effective for enforcement;
b) When necessary, the
Minister of National Defense of Vietnam may review complaint settlement
decisions of the head of the judgment enforcement management agency of the
Ministry of National Defense of Vietnam 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;
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dd) To have their rights
and legitimate interests, which have been infringed upon, restored, and enjoy
compensations for damage, if any;
e) To lodge further
complaints if disagreeing with first-time complaint settlement decisions of
persons with complaint-settling competence;
g) To revoke 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 Minister of
Justice of Vietnam and the Minister of National Defense of Vietnam specified at
Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law.
Article 144. Rights
and obligations of complained persons
1. Complained persons
have the following rights:
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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 Minister of
Justice of Vietnam and the Minister of National Defense of Vietnam specified at
Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law;
c) 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.
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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.
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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. Directly 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:
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b) A written explanation
of the complained person;
c) Written records of
verification, inspection, conclusion and results of assessment;
d) Complaint settlement
decision;
dd) 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
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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. Maintenance,
modification, cancellation or request for partial modification or cancellation
of the complained decision or act, or forcible termination of the enforcement
or performance of the complained decision or act.
8. 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
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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 complainant and complained person.
3. Complaint contents.
4. Results of
verification of complaint contents.
5. Legal grounds for
settlement.
6. Conclusions on
complaint contents and settlement by the person with second-time complaint
settlement competence.
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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;
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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;
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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 Ministry of Justice of Vietnam
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 Ministry of National
Defense of Vietnam 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.
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4. Procedures for
settling denunciations shall 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
entitlements, 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
compliance with 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.
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Article 161. Replies
to protests of procuracies
1.[75] Heads of
civil judgment enforcement agencies shall reply to protests of people’s
procuracies against their judgment enforcement decisions or acts or those of
enforcers under their management within 15 days after receiving such protests.
If accepting protests of
people’s procuracies, heads of civil judgment enforcement agencies shall,
within 5 working days after replying to such protests, fulfill these protests.
2. In case heads of civil
judgment enforcement agencies disagree with protests of procuracies, they shall
act as follows:
a)[76] Heads of
district-level civil judgment enforcement agencies of areas where protested
decisions or acts are issued or taken shall report protests to provincial-level
civil judgment enforcement agencies and chief procurators of provincial-level
people’s 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 take effect for implementation immediately;
b) Heads of provincial
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 Ministry of Justice of Vietnam and the Supreme
People’s Procuracy of Vietnam. The head of the civil judgment enforcement
management agency of the Ministry of Justice of Vietnam 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 Ministry of
Justice of Vietnam 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 Ministry of National Defense of Vietnam and the
Central Military Procuracy. The head of the civil judgment enforcement
management agency of the Ministry of National Defense of Vietnam 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
Ministry of National Defense of Vietnam will be effective for implementation.
3.[77] In case
written replies to protests specified in Clause 2 of this Article are found
groundless, the Procurator General of the Supreme People’s Procuracy of Vietnam
may request the Minister of Justice of Vietnam to reconsider effective written
replies of heads of provincial civil judgment enforcement agencies or the head
of the civil judgment enforcement management agency of the Ministry of Justice of
Vietnam, or request the Minister of National Defense of Vietnam 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
Ministry of National Defense of Vietnam. The Minister of Justice of Vietnam,
the Minister of National Defense of Vietnam shall consider and reply in writing
to the Procurator General of the Supreme People’s Procuracy of Vietnam within
30 days after receiving the request.
Chapter VII
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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 decision on application of provisional urgent measures or a
judgment or decision 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 decision.
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.
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10. Failing to abide by
enforcers’ decisions on deduction of accounts and incomes or revocation of
valuable papers of judgment debtors.
Article 163.
Competence to impose fines for administrative violations
1. The following persons
are competent to impose fines for administrative violations in civil judgment
enforcement:
a) Enforcers who are
conducting judgment enforcement;
b)[78] (annulled)
c) Heads of
district-level civil judgment enforcement agencies;
d) Heads of provincial
civil judgment enforcement agencies and military zone-level judgment
enforcement agencies.
dd)[79] Heads of
civil judgment enforcement management agencies of the Ministry of Justice of
Vietnam; Heads of civil judgment enforcement management agencies of the
Ministry of National Defense of Vietnam.
2. Fines for
administrative violations in civil judgment enforcement must comply with the
law on handling of administrative violations.
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1. Fining principles and
prescriptive periods for fines, aggravating and extenuating circumstances,
specific fining procedures must comply with the law on handling of
administrative violations.
2. Complaints and
denunciations about imposition of fines for 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 decisions or fail to voluntarily
execute judgment enforcement decisions shall, depending on the nature and
severity of their violations, be fined or criminally prosecuted 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
fined. If causing damage, they shall pay compensations therefor. Violating
individuals can also be disciplined or criminally prosecuted.
3. Persons who abuse
their positions or entitlements 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 criminally prosecuted. 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 decisions, delay judgment enforcement, apply unlawful
measures to coerce judgment enforcement, or breach ethical rules of enforcers
shall be disciplined or criminally prosecuted. If causing damage, they shall
pay compensations therefor under law.
Chapter VIII
TASKS AND ENTITLEMENTS OF AGENCIES AND
ORGANIZATIONS IN CIVIL JUDGMENT ENFORCEMENT
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1. To perform the uniform
state management of civil judgment enforcement nationwide.
2. To direct governmental
agencies and provincial People’s Committees in enforcing civil judgments.
3. To cooperate with the
Supreme People’s Court of Vietnam and the Supreme People’s Procuracy of Vietnam
in enforcing civil judgments.
4. To annually report on
civil judgment enforcement to the National Assembly of Vietnam.
Article 167. Tasks and
entitlements of the Ministry of Justice of Vietnam in civil judgment
enforcement
1. The Ministry of
Justice of Vietnam shall take responsibility before the Government of Vietnam
for performing the state management of civil judgment enforcement and have the
following tasks and entitlements:
a) To issue or propose
competent agencies to issue legislative 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;
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dd) To professionally
guide, direct and retrain enforcers, verifiers and other civil servants engaged
in civil judgment enforcement work;
e)[80] To inspect
the use of the state budget, enrollment, employment, management and
implementation of policies for civil servants, public employees and laborers in
the system of civil judgment enforcement organizations; to examine, settle
complaints and denunciations, commend achievements and handle violations in
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 summarize civil
judgment enforcement work;
k) To promulgate and
implement regulations on statistics on civil judgment enforcement;
l) To report on civil
judgment enforcement to the Government of Vietnam.
2. The civil judgment
enforcement management agency of the Ministry of Justice of Vietnam shall
assist the Minister of Justice of Vietnam 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
entitlements of the Ministry of National Defense of Vietnam in civil judgment
enforcement
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a) Issuing or proposing
competent agencies to issue legislative documents on civil judgment enforcement
in the Army;
b) Appointing and
dismissing enforcers; professionally training and retraining enforcers,
verifiers and staffs engaged in civil judgment enforcement in the Army;
c) Summarizing and
reporting civil judgment enforcement to the Government of Vietnam;
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)[81] To inspect
the use of the state budget, implementation of policies, arrangement and
employment of judgment enforcement officials; to examine and settle complaints
and denunciations, commend achievements and handle violations in judgment
enforcement in the Army;
d) Managing and preparing
plans for the 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 Ministry of National Defense of Vietnam
shall assist the Minister of National Defense of Vietnam in performing the
tasks and exercising the powers specified in this Article under the
Government’s regulations.
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1. To cooperate with the
Ministry of Justice of Vietnam in issuing legislative documents on civil
judgment enforcement.
2. To direct police
offices in protecting judgment enforcement activities, and cooperating 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 cooperating 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 cooperate with the
Ministry of Justice of Vietnam in reviewing civil judgment enforcement work.
Article 170. Tasks and
entitlements of courts in civil judgment enforcement [82]
1. Tasks and entitlements
of the Supreme People’s Court of Vietnam:
a) To cooperate with the
Ministry of Justice of Vietnam in issuing legislative documents on civil
judgment enforcement;
b) To request civil
judgment enforcement agencies to report enforcement results of judgments and
decisions when necessary;
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d) To direct courts at
all levels in cooperating with related agencies in civil judgment enforcement;
dd) To cooperate with the
Ministry of Justice of Vietnam in reviewing civil judgment enforcement work.
2. Tasks and entitlements
of superior peoples’ courts and the Central Military Court:
a) To request civil
judgment enforcement agencies to report enforcement results of judgments and
decisions when necessary;
b) To respond to requests
of civil judgment enforcement agencies for reviewing court judgments or
decisions according to cassation or re-opening procedures within 90 days after
receiving these requests;
c) To consider according
to re-opening procedure judgment execution obligation exemption or reduction
decision in accordance with law.
3. Tasks and entitlements
of people’s courts of provinces and centrally affiliated cities, people’s
courts of urban and rural districts, towns, provincial cities and the
equivalent, military courts of military zones and the equivalent:
a) To send judgments,
decisions, related material evidences or other documents to judgment
enforcement agencies in accordance with this Law;
b) To consider and decide
on judgment execution obligation exemption or reduction regarding state budget
remittances; settle protests against decisions on judgment execution obligation
exemption or reduction regarding state budget remittances in accordance with
this Law;
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d) To settle
recommendations or requests of civil judgment enforcement agencies and
supervise settlement results after receiving replies of the court.
4. When re-adjudicating
cases whose judgments and decisions are partially or wholly quashed according
to cassation or reopening trial decisions, courts shall settle matters related
to assets and obligations that have been enforced under legally effective
judgments or decisions which are quashed.
Article 171. Tasks and
entitlements of the Supreme People’s Procuracy of Vietnam in civil judgment
enforcement
1. To cooperate with the
Ministry of Justice of Vietnam in issuing legislative documents on civil
judgment enforcement.
2. To inspect and direct
procuracies at all levels in supervising civil judgment enforcement under law.
3. To cooperate with the
Ministry of Justice of Vietnam in reviewing civil judgment enforcement work.
Article 172. Tasks and
entitlements of command posts of military zones and equivalent levels in civil
judgment enforcement
1. To direct the
organization of cooperation among concerned agencies in enforcing judgments or
decisions 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.
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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
entitlements of provincial People’s Committees in civil judgment enforcement [83]
1. To direct the
organization of cooperation among related agencies in enforcing civil judgments
in their areas; to promptly solve problems and difficulties arising in the
course of cooperation among related agencies in enforcing civil judgments.
2. To direct the
organization of coercive enforcement of judgments or decisions for big and
complicated cases impacting political security and social order and safety in
their areas at the request of heads of provincial civil judgment enforcement
agencies.
3. To give written
opinions on appointment and relief from duty of heads and deputy heads of
provincial civil judgment enforcement agencies.
4. To request provincial
civil judgment enforcement agencies to report on civil judgment enforcement in
their areas; to give opinions on reports of provincial civil judgment
enforcement agencies before submitting them to same-level People’s Councils.
5. To request provincial
civil judgment enforcement agencies to inspect civil judgment enforcement in
areas; to request the civil judgment enforcement management agency of the
Ministry of Justice of Vietnam to inspect civil judgment enforcement in areas.
6. To decide to commend
or propose competent authorities to commend collectives and individuals that
record achievements in civil judgment enforcement work.
7. To propose competent
agencies, organizations or individuals to promptly handle violations of law on
civil judgment enforcement.
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1. To direct the
organization of cooperation among related agencies in enforcing civil judgments
in their areas; to promptly solve problems and difficulties arising in the
course of cooperation among related agencies in enforcing civil judgments.
2. To direct the
organization of coercive enforcement of judgments or decisions for big and
complicated cases impacting political security and social order and safety in their
areas at the request of heads of district-level civil judgment enforcement
agencies.
3. To give written
opinions on appointment and relief from duty of heads and deputy heads of
district-level civil judgment enforcement agencies.
4. To request district-level
civil judgment enforcement agencies to inspect by themselves or request heads
of provincial civil judgment enforcement agencies to inspect civil judgment
enforcement in areas.
5. To request
district-level civil judgment enforcement agencies to report on civil judgment
enforcement in their areas; to give opinions on reports of district-level civil
judgment enforcement agencies before submitting them to People’s Councils in
accordance with law.
6. To decide to commend
or propose competent authorities to commend collectives and individuals that
record achievements in civil judgment enforcement.
7. To propose competent
agencies, organizations or individuals to promptly handle violations of the law
on civil judgment enforcement.
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 scope of their tasks and
entitlements, cooperate 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 areas.
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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 freezing of accounts and assets;
deduction of sums of money from accounts; release of frozen 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 Vietnam Social Security 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.
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3. To revoke, 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 decision-making agencies in judgment
enforcement
1. To ensure that
pronounced judgments or decisions are accurate, explicit, specific and
practical.
2. To explain in writing
unclear contents of pronounced judgments or decisions 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.[85] (annulled)
4.[86] (annulled)
Article 180. Tasks and
entitlements of agencies and organizations assigned to monitor and manage
persons currently serving criminal sentences
Agencies and
organizations assigned to monitor and manage persons currently serving criminal
sentences under the Criminal Procedure Code shall, within the scope of their
tasks and entitlements, cooperate with civil judgment enforcement agencies in:
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2. Providing relevant
information on civil obligors who are currently serving criminal sentences for
civil judgment enforcement agencies; providing notifications of civil judgment
enforcement-related papers for judgment debtors currently serving criminal
sentences;
3. Cooperate with civil
judgment enforcement agencies in 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 or are eligible for amnesty or
imprisonment penalty exemption.
Chapter IX
IMPLEMENTATION PROVISIONS [87]
Article 181. Mutual
judicial assistance regarding civil affairs in judgment enforcement
1. Requests for foreign
judicial 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 judicial assistance.
2. Civil judgment
enforcement agencies which request foreign judicial assistance regarding civil
affairs in judgment enforcement shall compile judicial mandate dossiers under
the law on mutual judicial assistance.
Article 182. Entry
into force
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The Ordinance on
Enforcement of Civil Judgments 2004 expires when this Law comes into force.
Article 183.
Elaboration and implementation guidelines
The Government of
Vietnam, the Supreme People’s Court of Vietnam, and the Supreme People’s
Procuracy of Vietnam shall, within the scope of their tasks and entitlements,
elaborate on and provide guidelines for the implementation of this Law’s
Articles and Clauses as assigned, and provide guidelines for other necessary
provisions of this Law to meet state management requirements./.
VERIFICATION OF CONSOLIDATED DOCUMENT
HEAD
Bui Van Cuong
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“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam promulgates the Law on Amendments to Law No. 26/2008/QH12 on
Enforcement of Civil Judgments.”
The Competition Law No.
23/2018/QH14 has the following promulgation grounds:
“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam promulgates the Competition Law.”
Law No. 67/2020/QH14 on
amendments to the Law on Handling of Administrative Violations has the
following promulgation grounds:
“Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam promulgates the Law on Amendments to Law No.15/2012/QH13 on Handling
of Administrative Violations amended by Law No. 54/2014/QH13 and Law No.
18/2017/QH14.”.
Law No. 03/2022/QH15 on
amendments to the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Procurement, the Law on Electricity, the Law on Enterprises, the Law on Excise
Tax, and the Law on Enforcement of Civil Judgments has the following
promulgation grounds:
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The National Assembly
of Vietnam promulgates the Law on Amendments to the Law on Public Investment
No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and Law No. 72/2020/QH14; the
Law on Public-Private Partnership Investment No. 64/2020/QH14; the Law on
Investment No. 61/2020/QH14 amended by Law No. 72/2020/QH14; the Law on Housing
No. 65/2014/QH13 amended by Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No.
62/2020/QH14, and Law No. 64/2020/QH14; the Law on Procurement No. 43/2013/QH13
amended by Law No. 03/2016/QH14, Law No. 04/2017/QH14, Law No. 40/2019/QH14,
and Law No. 64/2020/QH14;the Law on Electricity No. 28/2004/QH11 amended by Law
No. 24/2012/QH13 and Law No. 28/2018/QH14; the Law on Enterprises No.
59/2020/QH14; the Law on Excise Tax No. 27/2008/QH12 amended by Law No.
70/2014/QH13, Law No. 71/2014/QH13, and
Law No. 106/2016/QH1; the Law on Enforcement of Civil Judgments No.
26/2008/QH12 amended by Law No. 64/2014/QH13, Law No. 23/2018/QH14, and Law No.
67/2020/QH14.”.
[2] This Article has been amended by Clause 1 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[3] The phrase “quyết định xử lý vụ việc cạnh tranh của Hội
đồng xử lý vụ việc cạnh tranh” (settlement decisions of the anti-competitive
settlement council) is replaced with the phrase "quyết định xử lý vụ việc
cạnh tranh của Chủ tịch Ủy ban Cạnh tranh Quốc gia, Hội đồng xử lý vụ việc
hạn chế cạnh tranh, quyết định giải quyết khiếu nại quyết định xử lý vụ việc
cạnh tranh của Chủ tịch Ủy ban Cạnh tranh Quốc gia, Hội đồng giải quyết khiếu
nại quyết định xử lý vụ việc cạnh tranh” (settlement decisions of the President
of National Competition Commission, the anti-competitive settlement council,
decisions on handling of complaints against settlement decisions of the President
of National Competition Commission, the anti-competitive complaint handling
council) according to Point a Clause 1 Article 116 of the Competition Law No.
23/2018/QH14, effective as of July 1, 2019.
[4] This Point has been amended for the first time by Clause 2
Article 1 of Law No. 64/2014/QH13 on amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015 as follows:
“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;”
This Point has been
amended for a second time by Point c Clause 1 Article 116 of the Competition
Law No. 23/2018/QH14, effective as of June 1, 2019.
[5] This Point has been amended by Clause 2 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[6] This Point has been amended by Clause 2 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[7] This Clause has been amended by Clause 3 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
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[9] This Article has been amended by Clause 5 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[10] This Article has been amended by Clause 5 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[11] This Clause has been amended by Clause 6 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[12] This Clause has been amended by Clause 7 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[13] This Clause has been amended by Clause 8 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[14] This Clause has been amended by Clause 9 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[15] This Clause has been amended by Clause 10 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[16] This Clause has been amended by Clause 10 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[17] This Clause has been amended by Clause 10 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
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[19] The phrase “Hội đồng xử lý vụ việc cạnh tranh” (the
anti-competitive settlement council) is replaced with the phrase “Chủ tịch Ủy
ban Cạnh tranh Quốc gia, Hội đồng xử lý vụ việc hạn chế cạnh tranh, Hội đồng giải
quyết khiếu nại quyết định xử lý vụ việc cạnh tranh” (the President of the
National Competition Commission, the anti-competitive settlement council, the
anti-competitive complaint handling council) according to Point b Clause 1
Article 116 of the Competition Law No. 23/2018/QH14, effective as of July 1,
2019.
[20] This Clause has been amended by Clause 11 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[21] This Clause has been amended by Clause 11 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[22] This Clause has been amended by Clause 11 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[23] This Article has been amended by Clause 12 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[24] This Article has been amended by Clause 13 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[25] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[26] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[27] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
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[29] The phrase “Tòa án cấp tỉnh” (provincial courts) is
replaced with the phrase “Tòa án nhân dân tỉnh, thành phố trực thuộc trung
ương” (people’s courts of provinces and centrally affiliated cities) according
to Clause 48 Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on
Enforcement of Civil Judgments, effective as of July 1, 2015.
[30] The phrase “Tòa án cấp huyện” (district-level courts) is
replaced with the phrase “Tòa án nhân dân quận, huyện, thị xã, thành phố thuộc
tỉnh và tương đương” (people’s courts of urban and rural districts, towns,
provincial cities and the equivalent) according to Clause 48 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[31] This Point has been amended by Clause 14 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[32] This Clause has been amended by Clause 14 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[33] The phrase “quyết định xử lý vụ việc cạnh tranh của Hội
đồng xử lý vụ việc cạnh tranh” (settlement decisions of the anti-competitive
settlement council) is replaced with the phrase "quyết định xử lý vụ việc
cạnh tranh của Chủ tịch Ủy ban Cạnh tranh Quốc gia, Hội đồng xử lý vụ việc
hạn chế cạnh tranh, quyết định giải quyết khiếu nại quyết định xử lý vụ việc
cạnh tranh của Chủ tịch Ủy ban Cạnh tranh Quốc gia, Hội đồng giải quyết khiếu
nại quyết định xử lý vụ việc cạnh tranh” (settlement decisions of the President
of National Competition Commission, the anti-competitive settlement council,
decisions on handling of complaints against settlement decisions of the
President of National Competition Commission, the anti-competitive complaint
handling council) according to Point a Clause 1 Article 116 of the Competition
Law No. 23/2018/QH14, effective as of July 1, 2019.
[34] This Point has been amended by Clause 14 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[35] This Article has been amended by Clause 15 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[36] This Article has been amended by Clause 16 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[37] This Article has been amended by Clause 17 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
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[39] This Article has been amended by Clause 19 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[40] This Article has been amended by Clause 20 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[41] This Clause has been amended by Clause 21 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[42] This Clause has been amended by Clause 22 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[43] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[44] This Article has been amended by Clause 23 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[45] This Point has been amended by Clause 24 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[46] This Point has been amended by Clause 24 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[47] This Article has been amended by Clause 1 Article 9 of Law
No. 03/2022/QH15 on Amendments to the Law on Public Investment, the Law on
Public-Private Partnership Investment, the Law on Investment, the Law on
Housing, the Law on Procurement, the Law on Electricity, the Law on
Enterprises, the Law on Excise Tax, and the Law on Enforcement of Civil
Judgments, effective as of March 1, 2022.
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[49] This Article has been amended by Clause 3 Article 9 of Law
No. 03/2022/QH15 on Amendments to the Law on Public Investment, the Law on
Public-Private Partnership Investment, the Law on Investment, the Law on
Housing, the Law on Procurement, the Law on Electricity, the Law on
Enterprises, the Law on Excise Tax, and the Law on Enforcement of Civil
Judgments, effective as of March 1, 2022.
[50] This Article has been amended by Clause 25 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[51] The phrase “Tòa án cấp huyện” (district-level courts) is
replaced with the phrase “Tòa án nhân dân quận, huyện, thị xã, thành phố thuộc
tỉnh và tương đương” (people’s courts of urban and rural districts, towns,
provincial cities and the equivalent) according to Clause 48 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[52] This Article has been amended by Clause 26 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[53] This Article has been amended by Clause 27 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[54] This Article has been amended by Clause 28 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[55] This Article has been amended by Clause 29 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[56] This Point has been amended by Clause 30 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[57] This Point has been amended by Clause 30 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
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[59] This Article has been amended by Clause 32 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[60] This Point has been amended by Clause 33 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[61] This Clause has been amended by Clause 33 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[62] This Article has been amended by Clause 34 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[63] This Article has been amended by Clause 35 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[64] This Article has been amended by Clause 36 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[65] This Clause has been amended by Clause 37 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[66] This Clause has been amended by Clause 37 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[67] This Clause has been amended by Clause 37 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
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[69] This Point has been amended by Clause 38 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[70] This Article has been amended by Clause 39 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[71] This Clause has been amended by Clause 40 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[72] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[73] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[74] This Clause has been amended by Clause 41 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[75] This Clause has been amended by Clause 42 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[76] This Point has been amended by Clause 42 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[77] This Clause has been amended by Clause 42 Article 1 of Law
No. 64/2014/QH13 on amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
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[79] This Point has been amended by Clause 2 of Law No.
67/2020/QH14 on Amendments to the Law on Handling of Administrative Violations,
effective as of January 1, 2022.
[80] This Point has been amended by Clause 43 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[81] This Point has been amended by Clause 44 Article 1 of Law
No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgments,
effective as of July 1, 2015.
[82] This Article has been amended by Clause 45 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[83] This Article has been amended by Clause 46 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[84] This Article has been amended by Clause 47 Article 1 of
Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of Civil Judgment,
effective as of July 1, 2015.
[85] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[86] This Article has been annulled according to Clause 49
Article 1 of Law No. 64/2014/QH13 on Amendments to the Law on Enforcement of
Civil Judgments, effective as of July 1, 2015.
[87] Article 2 and Article 3 of Law No. 64/2014/QH13 on
Amendments to the Law on Enforcement of Civil Judgments, effective as of July
1, 2015, stipulate as follows:
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1. To apply the
provisions of Law No. 26/2008/QH12 on Civil Judgment Enforcement to judgments
which are completely enforced before the effective date of this Law but about
which involved parties still file complaints after the effective date of this
Law.
To apply the
provisions of this Law to judgments which are not yet enforced or completely
enforced on the effective date of this Law; decisions and acts of civil
judgment enforcement agencies or enforcers implemented or taken under Law No.
26/2008/QH12 on Civil Judgment Enforcement remain valid for enforcement.
2. For cases in which
written requests for judgment enforcement are returned before the effective
date of this Law, civil judgment enforcement agencies shall issue judgment
enforcement decisions upon the request of involved parties in accordance with
this Law.
3. Persons who fully
satisfy the criteria specified in Clause 1 and Point a, Clause 2 or Point a,
Clause 3, Article 18 of Law No. 26/2008/QH12 on Civil Judgment Enforcement and
commit to voluntarily work for 5 years or more in border areas, islands and
areas with particularly difficult socio-economic conditions may be selected and
appointed as primary-level enforcers or intermediate-level enforcers without
having to pass an examination.
Time limit for
appointing enforcers without having to pass an examination provided in this
Clause is 5 years from the effective date of this Law.
The Government of
Vietnam shall provide the list of civil judgment enforcement agencies in those
localities which may select and appoint enforcers not through examinations
under this Clause.
4. Judgment debtors
who are convicts falling into one of the cases specified at Point c, Section 3
of the National Assembly of Vietnam’s Resolution No. 32/1999/QH10 and Point dd,
Clause 2, Article 1 of the National Assembly of Vietnam’s Resolution No.
33/2009/QH12 are exempted from paying the court fee stated in criminal
judgments which they have to serve.
Article 3
1. This Law comes into
force as of July 1, 2015.
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Article 117 and Article
118 of the Competition Law No. 23/2018/QH14, effective as of July 1, 2019,
stipulate as follows:
“Article 117. Entry
into force
1. This Law comes into
force as of July 1, 2019.
2. The Competition Law
No. 27/2004/QH11 expires when this Law comes into force.
Article 118.
Transitional provision
From the effective
date of this Law, violations against competition law prescribed in the
Competition Law No. 27/2004/QH11 shall be considered further as follows:
1. If a violation is
determined not contravening this Law during investigation, the investigation
shall be suspended;
2. If a violation is
determined contravening this Law during the investigation and handling of complaint,
the investigation or handling of complaint shall keep being carried out as
prescribed in this Law. If the penalties or amounts of fines imposed on
violations prescribed in this Law are higher than those prescribed in
Competition Law No. 27/2004/QH11, Competition Law No. 27/2004/QH11 shall
prevail.”.
Article 3 of Law No.
67/2020/QH14 on Amendments to the Law on Handling of Administrative Violations,
effective as of January 1, 2022, stipulates as follows:
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This Law comes into
force as of January 1, 2022.”
Article
10 and Article 11 of Law No. 03/2022/QH15 on Amendments to the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Special Excise Duties, and the Law on
Enforcement of Civil Judgments, effective as of March 1, 2022, stipulate as
follows:
“Article
10. Entry into force
This
Law comes into force as of March 1, 2022.
Article 11.
Transitional provisions
1. Regarding public
projects of group B, group C using ODA funds and other preferential borrowings
from foreign sponsors that the Prime Minister approves the investment policy
before the date of entry into force of this Law and the case in Clause 2 of
this Article, the agency or person accorded authority to make decisions on
investment policy specified in Article 1 of this Law is also accorded authority
to adjust the investment policy.
2. Regarding public
projects of group B, group C using ODA funds and other preferential borrowings
from foreign sponsors that complete procedures for preparation, appraisal and
obtain a written appraisal that forms the basis for decision on investment
policy or adjustment to investment policy as prescribed in Article 25 and
Article 34 of the Law on Public Investment No. 39/2019/QH14 amended by Law No.
64/2020/QH14 and Law No. 72/2020/QH14 before the date of entry into force of
this Law, they will continue to seek decision from the Prime Minister as per
the Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14
and Law No. 72/2020/QH14.
3. From the date of
entry into force of this Law, with regard to valid applications for approval
for or adjustment to investment guidelines regarding investment projects on
construction of residential housing (for sale, lease or lease purchase) and
urban areas subject to approval for investment guidelines of the Prime Minister
as prescribed in Article 31 of the Law on Investment No. 61/2020/QH14, amended
by Law No. 72/2020/QH14, now subject to approval for investment guidelines of
the People’s Committee of province as established in Article 3 of this Law, if
any application mentioned above has been received but the processing result has
not been received though the processing time goes beyond the time limit as
prescribed in the Law on Investment No. 61/2020/QH14, amended by Law No.
72/2020/QH14, then further comply with the Law on Investment No. 61/2020/QH14,
amended by Law No. 72/2020/QH14.
4. With regard to
valid applications for approval for investment guidelines and approval for
investor and adjustments to investment guidelines regarding investment projects
on commercial housing in case the investor has the right to use the residential
land or residential land and other types of land, if any application mentioned
above has been received before the date of entry into force of this Law but it
remains incompletely processed, then further comply with Article 4 of this Law
and relevant laws.
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