OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
No. 09/VBHN-VPQH | Hanoi, January 25, 2022 |
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.
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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File gốc của Integrated document No. 09/VBHN-VPQH dated January 25, 2022 Law on Enforcement of Civil Judgments đang được cập nhật.
Integrated document No. 09/VBHN-VPQH dated January 25, 2022 Law on Enforcement of Civil Judgments
Tóm tắt
Cơ quan ban hành | Văn phòng quốc hội |
Số hiệu | 09/VBHN-VPQH |
Loại văn bản | Văn bản hợp nhất |
Người ký | Bùi Văn Cường |
Ngày ban hành | 2022-01-25 |
Ngày hiệu lực | 2022-01-25 |
Lĩnh vực | Thủ tục Tố tụng |
Tình trạng | Còn hiệu lực |