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THE MINISTRY OF
JUSTICE – THE STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
03/2014/TTLT-BTP-NHNNVN
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Hanoi, January
17, 2014
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JOINT CIRCULAR
ON GUIDELINES FOR
VERIFICATION OF ENFORCEMENT CONDITIONS CARRIED OUT BY BAILIFFS AT CREDIT
INSTITUTIONS
Pursuant to Law on enforcement of civil
judgments dated 2008;
Pursuant to Law on credit institutions dated
2010;
Pursuant to Resolution No. 36/2012/QH13 dated
November 23, 2012 of the National Assembly on continuation in pilot
implementation of institution of bailiffs;
Pursuant to Decree No. 61/2009/NĐ-CP dated July
24, 2009 of the Government on pilot organization and operation of bailiffs in
Hochiminh city;
Pursuant to Decree No. 135/2013/NĐ-CP dated
October 18, 2013 of the Government on amendments to name and a number of
articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on
pilot organization and operation of bailiffs in Hochiminh city;
Pursuant to Decree No. 22/2013/NĐ-CP dated March
13, 2013 of the Government defining the functions, tasks, entitlements and
organizational structure of the Ministry of Justice;
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The Minister of Justice and the Governor of the
State bank of Vietnam jointly issue a Joint Circular on guidelines for
verification of enforcement conditions carried out by bailiffs at credit
institutions.
Article 1. Scope
1. This Circular promulgates verification of
enforcement conditions carried out by bailiffs related to requests for
information about balance of account, deposits or assets of the judgment debtor
which is the client (hereinafter referred to as information of client) at
credit institutions, branches of foreign banks (hereinafter referred to as
credit institutions) of central-affiliated cities and provinces (hereinafter
referred to as provinces) where pilot bailiff institution is carried out.
2. This Circular applies to the following cases:
a) Verifying enforcement conditions of a case under
competence of Civil judgment enforcement agencies within the scope of the
province where the Office of bailiffs locates.
b) Verifying enforcement conditions of a case
beyond the province prescribed in Point a of this Clause if the judgment debtor
has accounts, deposits or assets at credit institutions in that city or
province.
Article 2. Regulated entities
1. Offices of bailiffs.
2. Credit institutions.
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Article 3. Methods and procedures for request
for information
1. Information provision shall be requested under
one of two methods below:
a) The bailiff sends a written request for
information provision to a credit institution;
b) The bailiff directly verifies enforcement
conditions at a credit institution.
2. A written request for information provision must
contain:
a) Bases for request for information provision
(name of effective judgment; judgment on verification enclosed with these
documents and a copy of the agreement on verification of enforcement
conditions; and enforcement judgment if the Office of bailiffs directly carries
out the judgment enforcement);
b) Information about the client which is the
judgment debtor (name, address of head office (if the client is an
organization); full name, address and ID card, passport number, if any (if the
client is an individual) and necessary information;
c) Other information as prescribed in Clause 1
Article 1 of this Circular;
d) Time for information provision as prescribed in
Clause 1 Article 4 of this Circular;
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3. The request for information provision enclosed
with relevant documents prescribed in Point a Clause 2 of this Article shall be
sent to the credit institution and the branch of the State bank of province,
the People’s Procuracy of district where the Office of bailiffs locates.
When carrying out verification as prescribed in Point b Clause 2 Article
1 of this Circular, the bailiff is required to send above documents to the
branch of the State bank of province where the verification is carried out.
4. With regard to direct verification, the bailiff
shall present letter of introduction of the Office of bailiffs, his/her bailiff
card enclosed with relevant documents as prescribed in Point a Clause 2 of this
Article and announce decision on verification or enforcement judgment; then
make a report on the verification. The report must be borne by signatures of
the bailiff and information providers of the credit institution. If it fails to
provide information, the report must clarify reasons. The report shall be made
in 02 copies, each party shall keep 01 copy.
5. Within 03 working days, from the date on which
the verification result is received or the report on verification is made, the
Office of bailiffs must send the verification result or the report on
verification to the branch of the State bank of the province and the People’s
Procuracy of district where the Office of bailiffs locates. When carrying out
verification as prescribed in Point b Clause 2 Article 1 of this Circular, the
bailiff is required to send above documents to branches of the State bank of
province where the verification is carried out.
Article 4. Information provision of credit
institutions
1. Legal representative of a credit institution
must provide information through a report on verification (for direct
verification prescribed in Clause 4 Article 3 of this Circular) or through
written information provision prescribed in Clause 2 of this Article within 03
working days, from the date on which the written information provision is
received.
2. A written information provision of the credit
institution shall contain:
a) Time for information provision;
b) Contents of information provided at the request
(prescribed in Clause 1 Article 1 of this Circular).
3. The credit institution may refuse to provide
information in the following cases:
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b) In the same case, there is the same request at
the same time which other enforcement officials or bailiffs carried out the
verification.
c) The client requesting information provision is
not the judgment debtor under competence in verification of the bailiff.
d) Requested information beyond of the information
prescribed in Clause 1 Article 1 of this Circular.
dd) Dossier on request for information provision is
lack of documents prescribed in Point a Clause 2 Article 3 of this
Circular.
If the dossier is rejected, the credit institution
must provide explanation in writing.
Article 5. Responsibility for use and
confidentiality of information
1. The information provided is only used for
effective judgment enforcement and preserved confidentiality.
2. Bailiffs, Office of bailiffs, requester of verification
of enforcement conditions and relevant agencies or organizations must ensure
the confidentiality of information provided and use them for appropriate
purpose as prescribed.
3. Any agencies, organizations, and individuals
commit violations prescribed in Clause 1 or Clause 2 of this Article shall be
faced administrative violations or liable to criminal prosecution according to
nature and severity of the violations, if they cause damages, they must pay
compensation as prescribed in regulations of law.
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1. Every 6 month or irregularly, Director of
Services of Justice must exchange with Director of branch of the State bank of
province where the pilot bailiff institution is carried out about the operation
of Offices of bailiffs in the province.
2. If there is any difficulties that arise during
the implementation of this Circular, Offices of bailiffs, credit institutions
or relevant agencies, organizations, and individuals shall promptly send
reports to the Ministry of Justice and the State bank of Vietnam for
consideration.
Article 7. Effect
1. This Circular takes effect from March 5, 2014.
2. This Circular shall apply to cases which the
Office of bailiffs have been handled verification but they have not finished
until the effective date of this Circular./.
PP. THE
GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Dang Thanh Binh
PP. THE
MINISTER OF JUSTICE
DEPUTY MINISTER
Dinh Trung Tung