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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 13/2004/PL-UBTVQH11
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Ha Noi, January 14th, 2004
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ORDINANCE
ON EXECUTION OF CIVIL JUDGMENTS
(No.
13/2004/PL-UBTVQH11 of January 14, 2004)
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth
National Assembly, the 10th session;
This Ordinance prescribes the execution of civil judgments.
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
1. This Ordinance prescribes the
organization of, and procedures for, execution of civil judgments.
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a) Court judgments and decisions
on civil issues, marriage and family, labor, economic matters;
b) Foreign courts' civil
judgments and decisions, foreign arbitration's awards, which are recognized and
permitted for execution in Vietnam by Vietnamese courts;
c) Decisions on civil matters,
fines, property confiscation, handling of evidences, property, retrospective
collection of illicitly procured money and assets, legal costs in criminal
judgments and decisions of courts;
d) Decisions on property part in
the administrative judgments or decisions of courts;
e) Decisions on bankruptcy
declaration;
f) Decisions of Vietnam Trade
Arbitration;
g) Other judgments and decisions
prescribed by law.
Article 2.-
Civil judgments and decisions to be executed
The civil judgments and
decisions to be executed under this Ordinance shall include:
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a) The first-instance courts' judgments
and decisions or parts thereof, which are not appealed or protested against
according to the appellate procedures;
b) Judgments and decisions of
the courts of appeal;
c) Courts' decisions on
cassation or reopening trial;
d) Foreign courts' civil judgments
and decisions and foreign arbitration's awards, which are recognized and
permitted for execution in Vietnam by Vietnamese courts;
e) Effective awards of Vietnam
Trade Arbitration;
2. Civil judgments and decisions
prescribed in Article 1 of this Ordinance, which are not yet legally valid but
are executed immediately:
a)The first-instance courts'
judgments and decisions on alimony, wage payment, remuneration payment,
severance allowance, job-loss allowance, social insurance or compensation for
loss of human lives, health, reinstatement of laborers;
b) Courts' decisions on
temporary urgent measures to secure the trial and judgment execution.
Article 3.-
Securing the effect of civil judgments and decisions
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Article 4.-
Grounds for judgment execution
Civil judgments and decisions
shall be executed on the following grounds:
1. The to be executed civil
judgments and decisions are those prescribed in Article 2 of this Ordinance;
2. The judgment execution
decisions.
Article 5.-
Right to request judgment execution
1. If the involved parties fail
to voluntarily execute judgments, the judgment creditors or the judgment
debtors shall base themselves on the civil judgments and/or decisions to
request the competent judgment -executing bodies to issue decisions on judgment
execution.
2. The judgment execution
requesters must file their written applications for judgment execution or
personally come to the judgment-executing bodies to clearly state the contents
of their requests and information related to the judgment execution, enclosed
with the civil judgments or decisions.
Article 6.-
Voluntary execution of judgments
1. The State encourages the
involved parties to voluntarily execute judgments.
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3. Basing themselves on the
judgment execution decisions, the executors shall set a time limit of no more
than thirty days counting from the date of receiving the judgment execution
decisions for the judgment debtors to voluntarily execute the judgments, except
for cases prescribed in Clause 2, Article 7 of this Ordinance.
Article 7.-
Forced execution of judgments
1. If the judgment debtors have
conditions to execute them but fail to voluntarily executive the judgments
shall be forced to execute them according to the provisions in this Ordinance.
Upon the expiry of the time
limit for voluntary execution of judgments as provided for in Clause 3, Article
6 of this Ordinance, if the judgment debtors have conditions to execute them
but fail to execute the judgments, the judgment-executing bodies must issue
decisions to force the judgment execution.
2. Where it is necessary to
prevent the judgment debtors from dispersing or destroying assets or shirking
the judgment execution, the executors shall have the right to apply in time
coercive measures prescribed in Article 37 of this Ordinance.
3. Forced judgment execution
must not be organized on holidays prescribed by the labor legislation and
within the period from 22.00 hrs to 06.00 hrs of the following day or for other
special reasons prescribed by the Government, except for the cases prescribed
in Clause 2 of this Article, but the reasons therefor must be clearly inscribed
in the minutes thereof.
Article 8.-
Responsibilities of agencies, organizations, people's armed force units and
individuals in judgment execution
1. The State agencies, political
organizations, socio-political organizations, social organizations, socio-professional
organizations, economic organizations, people's armed force units within the
ambit of their respective tasks and powers, and individuals have the
responsibility to fully satisfy the requests of executors in judgment
execution.
2. The presidents of the
People's Committees at all levels shall, within the scope of their respective
tasks and powers, have to direct the organization of coordination among the
concerned agencies in the execution of judgments in their respective
localities.
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3. The police offices have the
task to maintain order and stop in time all acts of obstructing or resisting
the judgment execution. Where it is necessary to apply measures of coercive
judgment execution, the police offices and other concerned agencies shall have
the task of coordinating with one another in meeting the requests of the heads
of the judgment-executing bodies or executors.
Article 9.-
Securing legitimate rights and interests of the persons related to the judgment
execution
The persons with rights and
obligations related to judgment execution may participate in the judgment
execution and have the right to complain or initiate lawsuits according to law
provisions in order to protect their legitimate rights and interests.
Article
10.- Supervision of judgment execution
Within the scope of their tasks
and powers, the people's procuracies shall supervise the law observance in
judgment execution by the involved parties, the judgment-executing bodies,
executors and other State agencies, political organizations, socio-political
organizations, socio-professional organizations, social organizations, economic
organizations, people's armed force units and individuals related to judgment
execution in order to ensure the prompt, adequate and lawful execution of
judgments.
Chapter II
CIVIL JUDGMENT-EXECUTING
BODIES AND EXECUTORS
Section 1.
CIVIL JUDGMENT-EXECUTING BODIES
Article 11.-
Civil judgment-executing bodies
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1. The civil judgment-executing bodies
of the provinces or centrally-run cities (hereinafter referred collectively to
as the provincial-level judgment-executing bodies);
2. The civil judgment-executing
bodies of rural districts, urban districts, provincial capitals or towns
(hereinafter called collectively to as the district-level judgment-executing
bodies);
3. The judgment-executing bodies
of military zones or the equivalent level (hereinafter referred collectively to
as the military zone-level judgment-executing bodies).
The organization, tasks and
specific powers of the judgment-executing bodies shall be prescribed by the
Government.
Section 2.
EXECUTORS, HEADS OF JUDGMENT-EXECUTING BODIES
Article
12.- Executors
1. Executors are the persons
tasked by the State to execute the civil judgments and decisions prescribed in
Article 2 of this Ordinance.
Executors are appointed for
five-year term.
2. When performing their tasks
and exercising their powers, the executors must abide by law and take
responsibility before law for the judgment execution.
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Article
13.- Criteria and appointment, relief from duties and demotion of executors
1. Vietnamese citizens who are
loyal to the Fatherland, honest, non-corruptible, possess good ethics, law
bachelor or higher degree, have been trained in judgment execution operations,
have been engaged in legal work for a duration prescribed in this Article, and
have good health to fulfill their assigned tasks can be selected and appointed
to be executors.
2. Persons who fully satisfy the
criteria prescribed in Clause 1 of this Article, have been engaged in legal
work for four years or more, and have capability to perform jobs falling under
the competence of the district-level judgment-executing bodies can be selected
and appointed to be executors of district-level judgment-executing bodies.
3. Persons who fully satisfy the
criteria prescribed in Clause 1 of this Article and have worked as executors of
the district-level judgment-executing bodies for five years or more, have
capability to perform jobs falling under the jurisdiction of the
provincial-level judgment -executing bodies can be selected and appointed to be
executors of provincial-level judgment-executing bodies.
Where it is due to the
judgment-executing bodies' personnel demands, the persons who fully satisfy the
criteria prescribed in Clause 1 of this Article and have been engaged in legal
work for ten years or more, have the capability to perform jobs which fall
under the jurisdiction of the provincial-level judgment-executing bodies can be
selected and appointed to be executors of the provincial-level
judgment-executing bodies.
4. The persons who fully satisfy
the criteria prescribed in Clause 1 of this Article, are army offices in active
service, have been engaged in legal work for ten years or more, have the
capability to perform jobs which fall under the jurisdiction of the military
zone-level judgment-executing bodies can be selected and appointed to be
executors of the military zone-level judgment-executing bodies.
5. The appointment, relief from
duty and dismissal of executors shall be decided by the Justice Minister at the
proposals of the Executor Selection Council.
The Government shall prescribe
the composition of the Executor Selection Council, the conditions and
procedures for appointment, relief from duty and dismissal of executors of
judgment-executing bodies.
Article 14.-
Tasks and powers of executors
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1. To strictly execute the
contents of court judgments or decisions; to correctly apply law provisions on
the judgment execution order and procedures, ensuring the interests of the
State, the legitimate rights and interests of the involved parties;
2. To summon the involved
parties, persons related to the judgment execution to the offices of the
judgment-executing bodies or the People's Committees of communes, wards or
townships where judgments are to be executed for judgment execution; to explain
and persuade the involved parties to voluntarily execute the judgments;
3. To set time limits for the
judgment debtors to voluntarily execute the judgments as provided for in Clause
3, Article 6 of this Ordinance;
4. To verify the properties and
judgment execution conditions of the judgment debtors; to request the concerned
agencies, organizations and individuals to supply documents for verification of
the addresses and properties of the judgment debtors or coordinate with the
concerned agencies in handling material evidences, properties and other matters
related to the judgment execution;
5. To decide on the application
of coercive judgment execution measures prescribed in this Ordinance in order
to ensure the judgment execution;
6. To make records on acts of
law violation in judgment execution; to decide on administrative sanctions
according to competence or propose the heads of the judgment-executing bodies
of the same level to request the competent State bodies to discipline,
administratively sanction or penal-liability examine the violators;
7. To perform other tasks
assigned by heads of judgment executing bodies.
Article 15.-
Heads of judgment-executing bodies
1. The heads of
judgment-executing bodies shall be appointed among the executors.
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3. The executors of the
provincial-level judgment-executing bodies or heads of district-level
judgment-executing bodies, who have capability to manage and administer affairs
of the provincial-level judgment-executing bodies can be considered for
appointment to be heads of provincial-level judgment-executing bodies.
4. The appointment, relief from
duties and dismissal of heads of provincial-level or district-level
judgment-executing bodies shall be decided by the Minister of Justice.
5. The criteria, appointment,
relief from duties and dismissal of heads of military zone-level
judgment-executing bodies shall be prescribed by the Minister of Defense.
The Government shall prescribe
the procedures for appointment, relief from duties and dismissal of heads of
judgment-executing bodies.
Article 16.-
Tasks and powers of the heads of judgment-executing bodies
The heads of judgment-executing bodies
shall have the following tasks and powers:
1. To issue decisions on
judgment execution;
2. To assign executors to
perform the judgment execution;
3. To professionally guide,
direct and examine the judgment execution by executors or subordinate judgment-executing
bodies under the provisions of law;
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5. To request the courts which
have handed down the judgments or decisions to explain in writing unclear
points in such judgments or decisions for execution;
6. To propose the persons
competent to consider protests according to cassation or reopening procedures
against legally valid judgments or decisions if having grounds showing law
violations in the settlement of cases or detecting new circumstances;
7. To settle complaints and
denunciations against judgment execution and reply protests against judgment
execution according to competence;
8. To administratively sanction
according to competence; to propose competent State bodies to discipline,
administratively sanction or penal-liability examine the violators;
9. To report on the work of
judgment execution before the superior judgment-executing bodies and the
People's Committees of the same level. The reporting on the work of
judgment-executing by the heads of military zone-level judgment-executing
bodies shall be stipulated by the Minister of Defense.
Deputy-heads of the
judgment-executing bodies shall assist their heads, performing tasks and exercising
powers as assigned or authorized by the latter.
Article 17.-
Uniform of State officials performing the work of judgment execution
State officials performing the
work of civil-judgment execution shall be supplied with uniforms as provided
for by the Government.
Chapter III
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Article 18.-
Supplying court judgments or decisions
When court judgments or
decisions are executed under the provisions in Article 2 of this Ordinance, the
courts which have handed down such judgments or decisions shall have to supply
the judgment creditors and the judgment debtors with such judgments or
decisions, which are inscribed with "for execution."
The courts must explain to the
judgment creditors and the judgment debtors the rights and time limits to
request the judgment execution as well as the judgment execution obligations as
provided for by law.
Article
19.- Sending and explaining court judgments or decisions
1. For the court judgments or
decisions prescribed at Points a, b, c and d, Clause 1, Article 2 of this
Ordinance, the courts which have handed down such judgments or decisions shall
have to send the judgments or decisions to the judgment-executing bodies and
the procuracies of the same level with the courts which have conducted the first-instance
trial within thirty days as from the date the judgments or decisions take legal
effect.
2. For judgments and decisions
to be executed under the provisions at Point a, Clause 2, Article 2 of this
Ordinance, the courts which have handed down such judgments or decisions shall
have to send the judgments or decisions to the judgment-executing bodies and
the procuracies of the same level with the courts which have conducted the
first-instance trial within ten working days as from the date of issuance of
such judgments or decisions.
For decisions on temporary
urgent measures, the courts which have issued the decisions shall have to
transfer such decisions to the judgment-executing bodies of the same level.
3. When transferring the judgments
or decisions, the courts must enclose them with the records on distraint,
temporary seizure of material evidences, properties, other relevant documents
(if any).
4. In case of receiving the
requests of the heads of the judgment-executing bodies for the explanation of
the judgments or decisions, within fifteen days as from the date of receiving
such requests, the courts which have handed down such judgments or decisions
must give their written replies.
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The judgment creditors, when
filing their written requests for judgment execution, shall have to pay
judgment execution fees for the judgment execution parts with value calculated
on the property value to be actually received by such persons.
The judgment execution fee
level, collection, payment, management, use, exemption and reduction shall be
prescribed by the Government.
Article 21.-
Competence to issue judgment execution decisions
1. The heads of the
provincial-level judgment-executing bodies shall issue decisions on the
execution of the following judgments and decisions:
a) The first-instance judgments
and decisions of provincial/municipal people's courts;
b) The judgments and decisions
which fall under the judgment execution-deciding competence of the heads of the
district-level judgment-executing bodies, but, due to their complexity and
involvement with many districts, are deemed necessary to take them to the
provincial level for execution;
c) The judgments and decisions
of the Supreme People's Courts, which are sent to provincial-level
judgment-executing bodies;
d) The judgments and decisions
entrusted by judgment-executing bodies in other localities;
e) The civil judgments and
decisions of foreign courts, awards of foreign arbitration, which have been
recognized by Vietnamese courts and permitted for execution in Vietnam;
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2. The heads of the military
zone-level judgment-executing bodies shall issue decisions on execution of the
following judgments and decisions:
a) The decisions on property in
criminal cases of the military courts of military zone or equivalent level;
b) The decisions on property in
criminal cases of the regional military courts in the geographical areas of the
military courts of military zone or equivalent level;
c) The decisions on property in
criminal cases of the Central Military Court, which are transferred to military
zone- level judgment-executing bodies;
d) The judgments and decisions
of the Supreme People's Courts, which are sent to military zone-level
judgment-executing bodies;
e) The judgments and decisions
entrusted by judgment-executing bodies of other localities.
3. The heads of the
district-level judgment-executing bodies shall issue decisions on execution of
the following judgments and decisions:
a) The first-instance judgments
and decisions of the people's courts of rural districts, urban districts,
provincial capitals or towns;
b) The appellate judgments and
decisions of the provincial/municipal people's courts;
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d) The judgments and decisions
entrusted by judgment-executing bodies of other localities.
Article 22.-
Taking initiative in issuing judgment execution decisions
1. The heads of judgment
execution bodies shall take initiative in issuing decisions on execution of the
following parts of judgments or decisions:
a) The legal costs, court fees,
return of advanced legal cost or court fee;
b) Pecuniary fines;
c) Confiscation of property,
collection of tax arrears, retrospective collection of illicitly earned money
or assets;
d) Handling of seized material
evidences, assets;
e) Recovery of land under court
decisions;
f) Court decisions on temporary
urgent measures.
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Article 23.-
Issuing judgment execution decisions at written requests
Except for the cases prescribed
in Article 22 of this Ordinance, the heads of judgment-executing bodies shall
only issue judgment execution decisions at requests of the judgment creditors
or the judgment debtors.
The time limit for issuing a
judgment execution decisions is five working days counting from the date of
receiving the request for judgment execution.
Article
24.- Entrustment of judgment execution
1. The heads of the
judgment-executing bodies with competence to issue judgment execution decisions
may entrust the judgment execution to the judgment-executing bodies in the
localities where the judgment debtors reside, work, have their property or
headquarters.
The time limit for issuing
decisions on judgment execution entrustment shall not exceed five working days
counting from the date of determining the existence of grounds for entrustment.
2. The Government shall
prescribe the judgment execution entrustment.
Article
25.- The statute of limitations for requesting judgment execution
1. Within three years counting
from the dates the judgments or decisions take legal effect, the judgment
creditors and/or the judgment debtors may request competent judgment-executing
bodies to issue decisions on judgment execution.
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For judgments and decisions to
be executed periodically, the three-year time limit shall apply to each period,
counting from the date the obligations turn due.
2. If the judgment execution
requesters can prove that due to objective obstacles or force majeure incidents
they cannot make the judgment execution requests as scheduled, the duration in
which the objective obstacles or force majeure incidents exist shall not be
counted into the statute of limitations for requesting the judgment execution.
For cases of postponement or
suspension of judgment execution as provided for in Articles 26 and 27 of this
Ordinance, the postponement or suspension duration shall not be counted into
the statute of limitations for requesting the judgment execution.
3. The heads of the
judgment-executing bodies with competence to issue judgment execution decisions
shall consider and issue decisions to restore the statute of limitation for
requesting the judgment execution. In cases where there are no grounds to
restore the statute of limitations for requesting the judgment execution, the
heads of the judgment-executing bodies shall issue decisions not to accept the
expired judgment execution requests of such persons.
4. The statute of limitations
prescribed in Clause 1 of this Article shall not apply to the cases prescribed
in Article 22 of this Ordinance, except otherwise provided for by law.
Article 26.-
Postponement of judgment execution
1. The heads of the
judgment-executing bodies shall issue decisions to postpone judgment execution
in the following cases:
a) The judgment debtors get
serious ailments or have their residences not yet identified or for other
plausible reasons, and cannot fulfill their obligations which, under the
judgments or decisions, must be performed by such persons themselves;
b) The judgment creditors agree
to let the judgment debtors postpone the execution thereof;
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d) There exist disputes over the
distrained property as provided for in Clause 5, Article 41 of this Ordinance,
which are being processed and settled by courts.
2. The persons competent to
protest against court judgments or decisions are entitled to request the
postponement of judgment execution once for consideration of protests according
to the cassation or reopening procedures. The heads of the judgment-executing
bodies must issue decisions to postpone the judgment execution upon the receipt
of judgment execution postponement requests of the persons competent to
protest.
The time limit for postponement
of judgment execution at the requests of the persons competent to protest shall
not exceed ninety days as from the date of issuance of the postponement
decisions.
3. Within three working days as
from the date the judgment execution postponement conditions prescribed in
Clause 1 of this Article no longer exist or upon the expiry of the time limit
for judgment execution postponement at the requests of the persons competent to
protest, if no protests are made, the heads of the judgment-executing bodies
must issue decisions to continue the judgment execution.
4. In cases where judgments or decisions
have been already executed partially or entirely before the receipt of the
judgment execution postponement requests of the persons competent to protest,
the heads of the judgment-executing bodies must notify such in writing to the
persons competent to protest.
Article 27.-
Suspension of judgment execution
The judgment execution shall be
suspended in the following cases:
1. The judgment debtors have
been given court decisions to open procedures for settlement of requests for
bankruptcy declaration. The heads of the judgment-executing bodies shall issue
decisions to suspend the judgment execution when the judgment debtors are given
court decisions to open procedures for settlement of requests for bankruptcy
declaration, except for the execution of money amounts prescribed at Point a, b
and c, Clause 1, Article 51 of this Ordinance;
2. The persons who have
protested against court judgments or decisions according to cassation or
reopening procedures may suspend the execution of such judgments or decisions.
The judgment execution suspension time limit shall not exceed six months as
from the date of issuance of judgment execution suspension decisions. The heads
of the judgment-executing bodies shall issue decisions to resume the judgment
execution when receiving the cassation or reopening decisions of courts or
decisions of the persons competent to protest to withdraw the protests.
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Article 28.-
Cessation of judgment execution
The heads of judgment-executing
bodies who are competent to issue judgment execution decisions shall have the
right to issue decisions to stop the judgment execution in the following cases:
1. The judgment debtors die
leaving no legacy or failing to transfer the judgment execution obligations to
their heirs according to law provisions;
2. The judgment creditors die
while their rights and interests under the judgments or decisions are not
transferred to their heirs according to law provisions;
3. The judgment creditors
abandon in writing the rights and interests they enjoy under the judgments or
decisions, except otherwise provided for by law;
4. The judgment debtors are
dissolved agencies or organizations having no more assets while, as provided
for by law, their obligations are not transferred to other agencies, organizations
or individuals;
5. The judgment debtors have
been declared bankrupt. In this case, the judgment execution rights and
obligations shall comply with the law provisions on bankruptcy;
6. There are decisions on
judgment execution exemption under the provisions in Article 32 of this
Ordinance;
7. The judgments or decisions
have been cancelled by competent courts;
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Article
29.- Return of written requests for judgment execution
The heads of the
judgment-executing bodies, who are competent to issue decisions on judgment
execution, shall have the right to return the written requests for judgment or
decision execution to the judgment creditors in cases where decisions are issued
to cease the judgment execution or where there are grounds to confirm that the
judgment debtors have no property for judgment execution. When the judgment
debtors have conditions to execute the judgments, the judgment creditors may
request the execution of judgments or decisions within the time limit
prescribed in Clause 1, Article 25 of this Ordinance, as from the date they
have conditions to execute them.
Article
30.- Conclusion of judgment execution
1. The heads of the
judgment-executing bodies shall issue decisions to conclude the judgment
execution when the judgment debtors, the judgment creditors and the persons
with relevant rights and obligations have completely performed their rights and
obligations under the judgments or decisions.
2. The judgment execution shall
automatically end when there are decisions of the heads of competent
judgment-executing bodies to stop the judgment execution.
Article 31.-
Transfer of rights and obligations to execute judgments
When the judgment debtors, the
judgment creditors or the persons with relevant rights and interests die, if
they are individuals, or are consolidated, merged, dissolved, divided or
separated, if they are legal entities, the rights and obligations to execute
the judgments are transferred according to the provisions of law.
The Government shall prescribe
the judgment execution procedures in case of transferring the rights and
obligations to execute judgments.
Article
32.- Judgment execution exemption or reduction for legal costs, fine
amounts
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a) Five years as from the date
of issuance of judgment execution decisions for the legal costs without
pre-fixed price rates and fine amounts in drug-related criminal cases, except
where the judgment debtors are persons who have committed crimes in an
organized manner, committed offenses time and again, abused their positions and
powers for big illicit incomes, the time limit shall comply with the provisions
at Point b, Clause 1 of this Article;
b) Ten years as from the date of
issuance of judgment execution decisions for the legal costs with price rate
and other fine amounts.
2. The judgment-executing bodies
shall compile dossiers, requesting the competent courts prescribed in Clause 3
of this Article to consider the judgment execution exemption or reduction. The
dossiers must include the written exemption or reduction applications of the
judgment debtors, with certification of the People's Committees of communes,
wards or district townships where such persons reside or the heads of the
agencies or organizations where such persons work, and the records made by the
executors, certifying the judgment execution conditions of the judgment
debtors.
3. The courts of the same level
with the judgment-executing bodies which have proposed the judgment execution exemption
or reduction shall be competent to consider and decide on judgment execution
exemption or reduction for the legal costs and fine amounts.
4. The subjects and conditions
for consideration of judgment execution exemption or reduction for legal costs
and fine amounts and the consideration of judgment execution exemption or
reduction for such legal costs and fine amounts shall be prescribed by the
Government.
Article
33.- Financial supports for judgment execution
In cases where the agencies and
organizations which are compelled to execute the judgments operate with funding
totally provided by the State budget are unable to execute the judgments, they
shall be considered for supports from the State budget for the judgment
execution.
The handling of material
liability of the persons who have caused damage shall comply with law
provisions.
The Government shall specify the
financial supports from the State budget for judgment execution.
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1. Decisions, notices, summons
on judgment execution must be notified to the judgment creditors, the judgment
debtors and the persons with relevant rights and interests.
The notified persons have the
obligations to receive the notices and bear responsibility for their deliberate
refusal to receive the notices.
2. The notification shall be
made in the following forms:
a) The executors, judgment
execution officials directly hand the papers prescribed in Clause 1 of this
Article to the notified persons. In cases where it is difficult to make direct
delivery, the notification shall be effected with registered mails sent through
post offices.
If the notified persons are
absent, the papers on judgment execution shall be handed over to the heads of
the agencies where such persons work or the commune-level judicial officials or
their relatives who have full civil act capacity and live in the same families.
The persons who receive the papers on the notified persons' behalf must pledge
to hand them in time and within the prescribed time limit to the notified
persons. The hand over and receipt of notifications must be signed for
certification;
b) In cases where the
notification prescribed at Point a of this Clause cannot be effected, the
original notifications must be posted up at the offices of the People's
Committees of communes, wards or district townships where the notified persons
reside or at their residence places if they can be identified.
The posting up must be recorded
in writing, with the date of posting up, the notification contents and the
up-posters being clearly inscribed, with certification of the local
administrations;
c) In cases where the
notification prescribed at Point a of this Clause cannot be effected or the
posting up prescribed at Point b of this Clause yields no results, the public
notice shall be made for two consecutive times on central or
provincial/municipal newspapers, radio or television stations if the involved
persons are identified as having been in such localities.
When the public notices are made
on the mass media, the newspapers, radio or television agencies must send
written certifications that such notification have been effected to the
judgment-executing bodies for inclusion in the judgment execution files.
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4. The judgment execution
decisions must be sent to the procuracies of the same level.
Article
35.- Handling of confiscated assets
The confiscated assets being
weapons, explosives, radioactive substances, military equipment and technical
means or objects of historical or cultural relics shall be handed to the State
agencies managing such assets according to law provisions.
For other assets, the executors
hand them to the finance bodies for handling according to law provisions.
Article 36.-
Destruction of material evidences, assets
1. The destruction of material
evidences and/or assets shall be carried out in the following cases:
a) The material evidences and/or
assets must be destroyed under the court judgments or decisions;
b) The assets which, as declared
by such judgments or decisions, must be returned to the involved parties,
distrained or seized assets, which are damaged and no longer have value and are
not reclaimed by the involved parties;
c) The assets which fall into
the cases defined in Clause 4, Article 54 of this Ordinance.
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3. Funding for destruction of
material evidences and assets under court judgments or decisions shall be
provided by the State budget.
Chapter IV
COERCIVE JUDGMENT
EXECUTION
Section 1.
GENERAL PROVISIONS ON COERCIVE JUDGMENT EXECUTION
Article 37.-
Coercive measures for judgment execution
The executors are entitled to
apply the following coercive measures for judgment execution:
1. Deduction of account
deposits, deduction of money, recovery of valuable papers of the judgment
debtors;
2. Deduction of incomes of the
judgment debtors;
3. Blockade of accounts,
property of the judgment debtors at banks, credit organizations, State
treasuries;
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5. Forced handover of houses,
transfer of land use right or handover of objects or other assets;
6. Ban from doing certain jobs
or being forced to do certain jobs.
Article 38.-
Expenses for coercive judgment execution
1. The judgments debtors must
bear the costs of coercive judgment execution. The heads of the
judgment-executing bodies may consider the exemption or reduction of expenses
for coercive judgment execution.
2. Expenses for coercive
judgment execution shall be advanced from the funding of the judgment-executing
bodies and be reimbursed immediately after the judgment-executing bodies
collect money from the judgment debtors.
The Government shall specify the
expenses for coercive judgment execution as well as the exemption, reduction,
advance and reimbursement thereof.
Section 2.
COERCIVE EXECUTION OF MONEY PAYMENT OBLIGATIONS
Article
39.- Deduction of account deposits, deduction of money, recovery of
valuable papers of the judgment debtors
1. When detecting that the
judgment debtors have money in their accounts at banks, credit institutions or
State treasuries, the executors shall issue decisions on deduction thereof for
judgment execution.
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When there are grounds to
believe that the judgment debtors show signs of dispersing money in their
accounts, the executors may issue decisions on blockade of such accounts.
2. For money amounts and
valuable papers of the judgment debtors, which are being held by the third
persons, the executors shall issue decisions to subtract such money or to
recover the valuable papers for judgment execution. The persons who are holding
the money of the judgment debtors shall have to execute the decisions of the
executors.
3. The executors' decisions on
deduction of account money, deduction of money or recovery of valuable papers
of the judgment debtors must be sent to the judgment creditors, the judgment
debtors, the agencies, organizations or individuals that are holding the money
and/or valuable papers of the judgment debtors.
Article 40.-
Deduction of incomes of the judgment debtors
1. The judgment debtors' incomes
shall include salary, retirement or working capacity loss allowances and other
lawful incomes. The deductions of the judgment debtors' incomes shall be
effected in the following cases:
a) The judgments on alimony are
executed, the judgments are periodically executed or the judgment execution
money amounts are not large;
b) The judgments or decisions
set the measure of deduction of the judgment debtors' incomes for the judgment
execution;
c) It is so agreed upon by the
parties.
2. The highest salary deduction
level is 30% of the monthly salary. For other incomes, the deduction levels
shall be based on the actual incomes of the judgment debtors, but must ensure
the minimum subsistence conditions for them and the persons whom they have the
obligations to nurture and provide alimony under the provisions of law.
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The agencies, organizations or individuals
managing the judgment debtors' incomes shall deduct their incomes. Within seven
working days as from the date of income deduction, the above-said agencies,
organizations or individuals shall have to transfer to the judgment-executing
bodies such money amounts for payment to the judgment creditors.
4. When there are changes of
income payment venues and levels of incomes of the judgment debtors, the
agencies, organizations or individuals executing the decisions on deduction of
incomes of such persons must inform the judgment-executing bodies thereof.
Within seven working days as from the date of identifying the new income
payment venues or new income levels of the judgment debtors, the executors
shall have to issue other decisions on deduction of incomes of the judgment
debtors.
Article 41.-
Distraining properties
1. The executors shall have the
right to distrain properties if having grounds to believe that such properties
belong to the judgment debtors, including the land use rights or properties being
held by the third persons, except for the cases prescribed in Article 42 of
this Ordinance.
2. The judgment debtors are
entitled to propose which properties shall be distrained first, and the
executors must accept them if deeming that such proposals do not obstruct the
judgment execution.
If the judgment debtors do not
make such proposals, the properties under their personal ownership shall be
distrained first. Only if they have no personal properties or their personal
properties are not enough for judgment execution, can the executors distrain
such persons’ portions in the properties under the joint ownership with other
persons. Their land use rights, residential houses and offices shall be
distrained only when all other properties, after being distrained, are still
not enough for judgment execution.
3. The properties of the
judgment debtors shall only be distrained enough for the judgment execution and
payment of expenses therefor. In cases where a judgment debtor has only one
property bigger than the judgment execution obligation, which is indivisible or
the division thereof shall considerably reduce the property's value, the
executors shall still have the right to distrain such property to ensure the
judgment execution.
4. In cases where the judgment debtors
have no other properties, the executors are entitled to distrain their
properties being pledged or mortgaged, if such properties' value is bigger than
the guaranteed obligations. The executors shall have to notify the pledgees or
mortgagees of the distraint.
5. Upon the distraint of
properties, if there emerge disputes, the executors shall still proceed with
the distraint and explain to the involved parties about the right to initiate
lawsuits according to the civil procedures. If upon the expiry of the time
limit of three months as from the date of distraint, no one initiate lawsuits,
the distrained properties shall be handled for the judgment execution.
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6. When the properties are
distrained, representatives of the commune/ward/ district township
administrations and witnesses must be present. The judgment creditors, the
judgment debtors and the persons with relevant rights and obligations shall be
informed of the time and venue for distraining the properties. If the judgment
debtors are deliberately absent, the executors shall still proceed with the
distraint of such persons' properties, but such must be clearly inscribed in
the distraint records.
7. For properties requiring the
ownership registration or secured transaction registration, after distraining
them, the executors must notify the ownership registries or the secured
transaction registries thereof.
Article
42.- Properties not to be distrained
1. The following properties must
not be distrained:
a) Foodstuffs and medicaments
essential for the judgment debtors and their families;
b) Labor tools, common
daily-life utensils necessary for the judgment debtors and their families;
c) Common worshipping objects.
2. The Government shall specify
cases where properties of agencies and organizations must not be distrained;
the rights to use agricultural, forestry, aquaculture or salt-making land of
individuals and households.
Article
43.- Valuation of distrained properties
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2. In cases where the involved
parties cannot reach agreement on prices, after the distraint, within fifteen
days as from the date the properties are distrained, the executors must set up
a valuation council comprising the executor as its president, representatives
of the concerned finance bodies and specialized agencies as its members. Within
seven working days after being set up, the valuation council must proceed with
the valuation; the judgment creditors, the judgment debtors and the persons
with relevant rights and obligations may contribute their opinions on the
valuation, but the right to decide thereon rests with the valuation council.
3. For distrained properties
valued at under VND 500,000 or being of perishable type, if the parties cannot
reach mutual agreement on the prices thereof, the executors shall have to set
the prices.
4. The property valuation shall
be based on the market prices at the time of valuation. For properties with
their prices being uniformly controlled by the State, the valuation shall be
based on the property prices set by the State.
5. The heads of
judgment-executing bodies shall organize the re-evaluation of properties in the
following cases:
a) There are grounds to verify
violations of the valuation procedures;
b) There appear big price
fluctuations;
c) Past six months as from the
valuation date, the properties have not yet been sold.
6. The judgment creditors, the
judgment debtors and the persons with relevant rights and obligations may
complain about prices before the properties are sold.
Article
44.- Transfer of properties for judgment execution
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2. In cases where there are many
judgment creditors while there is only one asset for the judgment execution,
the person who receives that asset shall have to repay other persons money
amounts proportional to the value ratios they are entitled to enjoy
respectively.
Article 45.-
Preservation of distrained properties
1. The executors shall select
one of the following forms of preserving the distrained properties:
a) Handing them to the judgment
debtors, their relatives or the current users for preservation;
b) Handing them to individuals
or organizations that have conditions to preserve them;
c) Handing them to
judgment-executing bodies.
2. For properties being gold,
silver, precious metal, gems, foreign currencies, the preservation thereof must
comply with the Government's regulations.
3. The executors must explain to
the persons assigned to preserve the distrained properties about their
responsibilities in the preservation thereof.
The persons assigned to preserve
properties shall be paid the actual and reasonable expenses for property
preservation, excluding the persons defined at Point a, Clause 1 of this
Article.
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4. Persons who are assigned to
preserve properties but damage, fraudulently exchange, lose or destroy the
properties shall have to pay compensations therefor and, depending on the
nature and seriousness of their violations, shall be administratively
sanctioned or examined for penal liability according to law provisions.
Article
46.- Records on distraint, handing for preservation of properties
Upon carrying out the distraint
of properties, the executors shall have to make records thereon, inscribing
clearly the hours and date of distraint; describing the conditions and prices
of the properties (if the properties have been already valued) and the requests
of the involved parties or comments of persons who witness the distraint.
Upon effecting the handover of
properties for preservation, the executors must make records thereon,
inscribing clearly the hours and date of handover for preservation; the full
names of the executors, the involved parties, the persons assigned properties
for preservation, the witnesses of the handover; the rights and obligations of
the persons assigned to preserve the properties.
The executors, the involved
parties, the participants in and the witnesses of the distraint and the persons
assigned to preserve the properties must sign their names in the records. In
cases where any of such persons is absent or refuses to sign the records, such
must be inscribed in the records with the reasons therefor clearly stated.
The records shall be handed to
the involved parties, the persons assigned to preserve the properties and the
executors, each with one copy.
Article 47.-
Sale of distrained properties
Properties already distrained
for judgment execution shall be sold by the following modes:
1. For distrained properties
being immoveables, including the land use rights, or moveables valued at VND 10
million or more, within no more than ten working days as from the date of
valuation, the judgment-executing bodies must carry out procedures to sign
contracts on authorizing auction organizations to sell the properties;
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For moveables with the total
value of less than VND 500,000 or perishable properties, the executors shall
organize the auction thereof within no more than five working days as from the
date of distraint;
3. One day before opening the
auction, the judgment debtors shall have the right to take back the properties
if they fully pay the judgment execution money as well as all expenses having
actually arisen from the coercive judgment execution and organization of
auctions.
The judgment debtors shall have
to compensate the actual and reasonable costs to the property purchase
registrants. The cost levels shall be agreed upon by the parties; in case of
failing to reach agreement, they may ask courts to settle;
4. The auction procedures shall
comply with the Government's regulations.
Article
48.- Handling of unsaleable distrained properties
In cases where the distrained
properties are unsaleable, within ten working days as from the date of failed
auction, the judgment-executing bodies shall organize the re-valuation along
the direction of reducing the prices in order to continue the auction thereof.
Each time of price reduction shall not exceed 10% of the set prices.
If after two price reductions
the properties remain unsaleable, the judgment creditors shall have the right
to receive the properties at the reduced prices for judgment execution. If they
refuse to take the properties, the executors shall return such properties to the
judgment debtors and apply other coercive measures.
Article
49.- Transfer of property ownership, transfer of land use rights
1. The purchasers of judgment
execution properties, the recipients of properties for judgment execution shall
have the ownership over such properties recognized and protected by law.
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3. The dossiers on ownership
transfer shall each include:
a) The copy of the judgment,
decision;
b) The decision on judgment
execution, decision on property distraining;
c) The documents on successful
auctions or records on handover and receipt of properties for judgment execution;
d) Other papers related to the
properties (if any).
4. The transfer of land use
rights to purchasers or recipients of properties for judgment execution shall
also comply with the provisions in this Article.
Article
50.- To unbloc the blockade, distraint of properties
1. The executors shall issue
decisions to unbloc the blockade or distraint of properties and return them to
the judgment debtors within no more than five working days after having one of
the following grounds:
a) The judgment debtors have
fully paid the judgment execution money;
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c) There are decisions to cease
the judgment execution under the provisions in Article 28 of this Ordinance;
d) Other cases prescribed by
law.
2. For the remaining distrained
properties after the judgment execution and payment of judgment execution
expenses, the executors shall issue decisions to unbloc the property blockade
or distraint and return them to the judgment debtors.
Article 51.-
Order of payment of judgment execution money
1. The judgment execution money
amounts, after subtracting the judgment execution expenses, shall, within ten
working days as from the date of collection thereof, be paid in the following
order:
a) Alimony;
b) Wages, remuneration,
severance allowances, job-loss allowances, social insurance;
c) Compensations for human
losses, health damage;
d) Legal costs, court fees;
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f) Other payable amounts;
g) The remainder shall be
returned to the judgment debtors.
2. Order of paying money for
execution of bankruptcy declaration decisions shall comply with law provisions
on bankruptcy.
3. Order of paying judgment
execution money prescribed in this Article shall not apply to cases of payment
priority prescribed in Article 52 of this Ordinance.
Article 52.-
Payment of proceeds from sale of pledged, mortgaged or distrained properties to
ensure judgment execution
The proceeds from the sale of
pledged or mortgaged properties, the sale of properties distrained under court
judgments or decisions to ensure the judgment execution shall be prioritized
for the payment to guaranteed obligations after subtracting the judgment
execution expenses.
Section 3.
COERCIVE PERFORMANCE OF OBLIGATIONS TO HAND OVER OBJECTS OR HOUSES, TO TRANSFER
LAND USE RIGHTS
Article
53.- Coercive performance of obligations to hand over objects
In cases where the judgment debtors
are obliged to hand over objects to the judgment creditors, the executors shall
issue decisions to compel such persons to hand over the objects to the judgment
creditors.
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Article
54.- Coercive performance of obligations to hand over houses, transfer the
land use rights
1. In cases where the judgment
debtors have the obligations to return houses to the judgment creditors, the
executors shall issue decisions to compel the former and other persons present
in the houses to get out of the houses, and at the same time request them to
voluntarily take the properties out of the houses. If they refuse to
voluntarily execute such decisions, the executors shall request the coercion
force to take them and their properties out of the houses.
In cases where they refuse to
receive the properties, the executors shall have to make records, inscribing
clearly the quantity, categories, conditions of each type of property and hand
the properties to organizations and/or individuals having conditions to
preserve them or preserve them in warehouses of the judgment-executing bodies,
then notify the venues and time for the property owners to get back their
properties.
2. In cases where the judgment
debtors are deliberately absent even though they have been informed of the
coercion decisions, the executors shall still decide to go ahead with the
coercion provided for in Clause 1 of this Article.
3. Past six months as from the
date of receiving the notices as provided for in Clause 1 of this Article, if
the property owners fail to come and take them, except for plausible reasons,
such properties shall be sold according to the provisions in Article 47 of this
Ordinance. The proceeds therefrom, after subtracting the expenses for
transportation, preservation and handling of the properties, shall be deposited
as demand savings at banks and inform the property owners thereof for the
receipt of such money amounts.
4. For properties which are
damaged and have no more value, the executors shall organize the destruction
thereof according to the provisions at Point c, Clause 1, Article 36 of this
Ordinance. They must make records thereon, clearly stating the conditions of
the properties before they are destroyed.
5. The provisions in this
Article shall also apply to cases of coercive hand-over of houses to purchasers
of auctioned houses or recipients of houses in order to subtract them from the
judgment execution money they are entitled to.
6. The coercive performance of
obligations to transfer the land use rights shall be prescribed by the
Government.
Section 4.
COERCIVE PERFORMANCE OF OBLIGATIONS TO DO OR NOT TO DO
CERTAIN JOBS
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In cases where the judgment
debtors fail to perform the jobs they must do under court judgments or decisions
and such jobs can be assigned to other persons for performance, the executors
shall assign them to the persons having conditions to perform. The expenses
shall be borne by the judgment debtors.
If the jobs to be done under
court judgments or decisions must be performed by the very judgment debtors,
the executors shall handle them according to the provisions in Article 56 of
this Ordinance.
Article
56.- Coercive performance of obligations not to do certain jobs under court
judgments or decisions
In cases where the judgment
debtors fail to voluntarily terminate the jobs they must not do under court
judgments or decisions, the executors shall issue decisions on administrative
sanctions according to law provisions and fix the time limit of five working days
as from the date the involved parties receive the administrative sanction
decisions for the judgment debtors for execution. If they still fail to
terminate the performance of jobs they must not do, the executors shall propose
the examination of their penal liability.
Chapter V
THE STATE MANAGEMENT
OVER CIVIL JUDGMENT EXECUTION
Article
57.- The State management over civil judgment execution
1. The Government shall perform
the uniform State management over civil judgment execution nationwide.
The Justice Ministry shall
assist the Government in performing the State management over civil judgment
execution. Within the scope of its responsibility, the Justice Ministry shall
have the following tasks and powers:
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b) To manage civil
judgment-executing bodies; to decide on the establishment and dissolution of
civil judgment-executing bodies; to appoint, relieve from office and dismiss
executors; to implement regimes and policies towards executors, public servants
performing the work of civil judgment execution;
c) To provide professional
guidance and direction, examine, inspect and handle violations in the work of
civil judgment execution; to settle complaints and denunciations about civil
judgment execution;
d) To implement the commendation
and discipline regime for executors and public servants performing the work of
civil judgment execution;
e) To professionally train and
foster executors and public servants performing the work of civil judgment
execution;
f) To manage material and
technical foundations, fundings and means necessary for civil judgment
execution work;
g) To enter into international
cooperation on civil judgment execution.
2. The Defense Ministry shall
coordinate with the Justice Ministry in assisting the Government to perform the
State management over civil judgment execution in the army according to the
Government's regulations.
Article
58.- Responsibility of the People's Committees of the provinces,
centrally-run cities, rural districts, urban districts, provincial capitals,
provincial towns for management of civil judgment execution in their respective
localities
1. The provincial/municipal
People's Committees have the following tasks and powers:
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b) To direct the organization of
coercive execution of big and complicated cases affecting local security and
political situation;
c) To direct the subordinate
People's Committees, judgment-executing bodies and professional agencies to
coordinate with relevant local mass organizations in the work of civil judgment
execution;
d) To request the judgment-executing
bodies to organize the examination and inspection; direct the concerned
agencies in coordinated examination and inspection of civil judgment execution
in the localities;
e) To nominate presidents or
vice-presidents of the provincial/municipal People's Committees to act as
chairmen of the Councils for Selection of Executors of the local
judgment-executing bodies;
f) To give written opinions on
appointment, relief from duty, dismissal of heads and deputy-heads of
provincial-level judgment-executing bodies;
g) To decide to commend or
propose competent bodies to commend collectives and/or individuals that record
achievements in the work of civil judgment execution.
2. The People's Committees of
rural districts, urban districts, provincial capitals or towns have the
following tasks and powers:
a) To perform the tasks and
exercise the powers prescribed at Points a, b, c and d, Clause 1, this Article;
b) To give written opinions on
the appointment, relief from duty, dismissal of heads and deputy-heads of the
district-level judgment-executing bodies;
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d) To direct the People's
Committees of communes, wards or district townships to render support to
judgment-executing bodies in their work.
3. The local justice offices
shall assist the People's Committees of the same level and the superior justice
agencies in performing the State management over civil judgment execution.
Chapter VI
COMPLAINTS,
DENUNCIATIONS AND PROTESTS AGAINST JUDGMENT EXECUTION
Section 1.
COMPLAINTS AND DENUNCIATIONS AGAINST JUDGMENT EXECUTION
Article
59.- The right to complain about judgment execution
The judgment creditors, the
judgment debtors and the persons with rights and obligations related to
judgment-executing have to right to complain about decisions and/or acts of
heads of judgment-executing bodies or executors if having grounds to believe
that such decisions and/or acts are illegal, having infringed upon their
legitimate rights and interests.
The time limit for complaints
shall be ninety days as from the date of receiving the decisions or knowing
about illegal acts of heads of judgment-executing bodies or executors.
In cases where due to objective
obstacles or force majeure events the complainants cannot lodge their
complaints within the prescribed time limit, the duration when such objective
obstacles or force majeure events exist shall not be counted into the complaint
time limit.
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1. For complaints about illegal
decisions or acts of executors of the district-level judgment-executing bodies,
the heads of the district-level judgment-executing bodies to which the
complaints are lodged shall settle them and give replies to the complainants
within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the
date of receiving the complaint-settling decisions, if disagreeing with the
contents of the settlement, the complainants may further complain with the
heads of the provincial-level judgment-executing bodies, who must settle the
complaints within thirty days as from the date of receiving the complaints. For
complicated cases, the time limit for the heads of the provincial-level
judgment-executing bodies shall not exceed forty five days as from the date of
receiving the complaints. The complaint-settling decisions of the heads of the
provincial-level judgment-executing bodies take implementation effect.
2. For complaints about illegal
decisions or acts of executors of the provincial-level judgment-executing
bodies, the heads of the provincial-level judgment-executing bodies to which
the complaints are lodged shall settle them and reply the complainants within
fifteen days as from the date of receiving the complaints.
Within fifteen days as from the
date of receiving the complaint-settling decisions, if disagreeing with the settlement
contents, the complainants may further complain with the head of the civil
judgment-executing agency of the Justice Ministry, who must settle the
complaints within thirty days as from the date of receiving the complaints. For
complicated cases, the time limit for the head of the civil judgment-executing
agency of the Justice Ministry to settle the complaints shall not exceed sixty
days as from the date of receiving the complaints. The complaint-settling
decisions of the head of the civil judgment-executing agency of the Justice
Ministry shall take implementation effect.
3. For complaints about illegal
decisions and acts of the heads of district-level judgment-executing bodies,
the heads of the provincial-level judgment-executing bodies to which the
complaints are lodged shall settle them and reply the complainants within
fifteen days as from the date of receiving the complaints.
Within fifteen days as from the
date of receiving the complaint-settling decisions, if disagreeing with the
settlement contents, the complainants may further complain with the head of the
civil judgment-executing agency of the Justice Ministry, who must settle them
within thirty days as from the date of receiving the complaints. For
complicated cases, the time limit for the head of the civil judgment-executing
agency of the Justice Ministry to settle the complaints shall not exceed forty
five days as from the date of receiving the complaints. The complaint-settling
decisions of the head of the civil judgment-executing agency of the Justice
Ministry shall take implementation effect.
4. For complaints about illegal
decisions or acts of the heads of provincial-level judgment-executing bodies,
the head of the civil judgment-executing agency of the Justice Ministry shall
settle them and reply the complainants within fifteen days as from the date of
receiving the complaints.
Within fifteen days as from the
date of receiving the complaint- settling decisions, if disagreeing with the
settlement contents, the complainants may further complain with the Justice
Minister who must settle the complaints within thirty days as from the date of
receiving them. For complicated cases, the time limit for the Justice Minister
to settle the complaints shall not exceed sixty days as from the date of receiving
the complaints. The complaint- settling decisions of the Justice Minister are
final ones.
5. In case of necessity, the
Justice Minister may review the complaint- settling decisions of the heads of
the provincial-level judgment-executing bodies or the head of the civil
judgment-executing agency of the Justice Ministry prescribed in Clauses 1, 2
and 3 of this Article.
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Article
61.- Competence and time limits to settle complaints about judgment
execution in the army
1. For complaints about illegal
decisions or acts of executors of the military zone-level judgment-executing
bodies, the heads of the military zone-level judgment execution bodies to which
the complaints are lodged shall settle them and reply the complainants within
thirty days as from the date or receiving the complaints.
Within fifteen days as from the
date of receiving the complaint-settling decisions, if disagreeing with the
settlement contents, the complainants may further complain with the head of the
judgment-executing agency of the Defense Ministry, who must settle the
complaints within thirty days as from the date of receiving them. For
complicated cases, the time limit for the head of the judgment execution agency
of the Defense Ministry to settle the complaints shall not exceed sixty days as
from the date of receiving the complaints. The complaint-settling decisions of
the head of the judgment-executing agency of the Defense Ministry shall take
implementation effect.
2. For complaints about illegal
decisions or acts of the heads of military zone-level judgment-executing
bodies, the head of the judgment-executing agency of the Defense Ministry shall
settle them and reply the complainants within fifteen days as from the date of
receiving the complaints.
Within fifteen days as from the
date of receiving the complaint-settling decisions, if disagreeing with the
settlement contents, the complainants may further complain with the Defense
Minister who must settle the complaints within thirty days as from the date of
receiving them. For complicated cases, the time limit for the Defense Minister
to settle the complaints shall not exceed sixty days as from the date of
receiving the complaints. The Defense Minister's decisions on complaint
settlement shall be the final ones.
3. In case of necessity, the
Defense Minister may review the complaint-settling decisions of the head of the
judgment-executing agency of the Defense Ministry defined in Clause 1 of this
Article.
Persons competent to settle
complaints may request judgment-executing bodies to temporarily stop the
judgment execution during the complaint settlement if deeming that the judgment
execution will affect the legitimate rights and interests of the involved
parties or affect the complaint settlement.
Article
62.- Complaint-settling decisions
1. The persons competent to
settle complaints must issue complaint-settling decisions in writing and send
them to the complainants, the complained persons and the persons with relevant
rights and obligations within the time limits prescribed in Articles 60 and 61
of this Ordinance.
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a) The dates of issuance of
decisions;
b) The full names and addresses
of the complainants and the complained persons;
c) The complaining contents are
correct, partially or totally wrong;
d) The affirmation, partial
amendment or full cancellation of the judgment execution decisions of heads of
judgment-executing bodies or executors.
Article 63.-
Denunciations and settlement of denunciations about judgment execution
The denunciation and settlement
of denunciations about illegal acts of heads of judgment-executing bodies,
executors shall comply with the law provisions on complaints and denunciations.
Section 2.
PROTESTS AGAINST JUDGMENT EXECUTION DECISIONS
Article
64.- Competence to protest against judgment execution decisions
The people's procuracies shall
exercise the right to protest against decisions of heads or executors of the
judgment-executing bodies of the same or subordinate level under the provisions
of the Law on Organization of the People's Procuracies.
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Article
65.- Response to protests of people's procuracies
1. The heads of the judgment
execution bodies shall have to respond to protests of the people's procuracies
against the judgment-executing decisions of their own or of their executors
within fifteen days as from the date of receiving the protests.
2. Where the heads of the
district-level judgment-executing bodies disagree with the protests of the people's
procuracies, they must report thereon to the heads of the provincial-level
judgment-executing bodies and the chairmen of the immediate superior people's
procuracies. The heads of the provincial-level judgment-executing bodies must
consider and reply within fifteen days as from the date of receiving the
reports. The written replies of the heads of the provincial-level
judgment-executing bodies shall take implementation effect.
3. Where the heads of the
provincial-level judgment-executing bodies disagree with the protests of the
procuracies, they must report thereon to the head of the judgment-executing
agency of the Justice Ministry and the Supreme People's Procuracy. The head of
the judgment-executing agency of the Justice Ministry shall consider and reply
within thirty days as from the date of receiving the report. The written
replies of the head of the judgment-executing agency of the Justice Ministry
shall take implementation effect.
4. Where the heads of the
military zone-level judgment-executing bodies disagree with the protests of the
procuracies, they must report thereon to the head of the judgment-executing
agency of the Defense Ministry and the Central Military Procuracy. The head of
the judgment-executing agency of the Defense Ministry must consider and reply
within thirty days as from the date of receiving the reports. The written
replies of the head of the judgment-executing agency of the Defense Ministry
shall take implementation effect.
Chapter VII
COMMENDATION AND
HANDLING OF VIOLATIONS
Article
66.- Commendation
Organizations and individuals
having achievements in civil judgment execution shall be commended/rewarded
according to law provisions.
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1. The judgment debtors, if
deliberately refusing to abide by the judgments or decisions, failing to
voluntarily execute judgment execution decisions, shall, depending on the
nature and seriousness of their violations, be administratively sanctioned or
examined for penal liability according to law provisions.
2. The agencies and
organizations defined in Articles 39 and 40 of this Ordinance, which refuse to
satisfy the requirements of executors, shall, depending on the nature and
seriousness of their violations, be administratively sanctioned, if causing
damage, they must make compensations therefor; in case of individuals, they may
be disciplined, administratively sanctioned or examined for penal liability; if
causing damage, they must pay compensations therefor.
3. Those who abuse their
positions and powers, deliberately obstructing the judgment execution or
compelling executors to execute judgments in contravention of law, breaking
seals, consuming, transferring, fraudulently exchanging, concealing or
destroying distrained properties shall, depending on the nature and seriousness
of their violations, be disciplined or examined for penal liability; if causing
damage, they must pay compensations therefor.
4. Those heads of the
judgment-executing bodies who deliberately decline to issue judgment execution
decisions or issue illegal judgment execution decisions; those executors who
fail to properly execute court judgments and/or decisions, who delay the
judgment execution, apply coercive measures for judgment execution in
contravention of law and/or violate the regulation on executors, shall be
disciplined or examined for penal liability; if causing damage, they must pay
compensations therefor.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article 68.-
Implementation effect
This Ordinance takes effect as
from July 1, 2004.
This Ordinance replaces the
April 21, 1993 Ordinance on Civil Judgment Execution.
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The provisions of this Ordinance
shall also apply to the execution of judgments involving foreign organizations and/or
individuals in Vietnam, except where otherwise provided for by international
treaties which the Socialist Republic of Vietnam has signed or acceded to.
Article 70.-
Implementation guidance
The Government, the Supreme
People's Court and the Supreme People's Procuracy shall, within the scope of
their tasks and powers, guide the implementation of this Ordinance.
ON
BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An