JOINT CIRCULAR

ON GUILDELINES FOR CIVIL JUDGMENT ENFORCEMENT PROCEDURES AND INTERDISCIPLINARY COORDINATION IN CIVIL JUDGMENT ENFORCEMENT

Pursuant to the Civil Procedure Code dated June 15, 2004;

Pursuant to the Law on civil judgment enforcement dated November 14, 2008;

Pursuant to the Law on People’s Court organization dated April 2, 2002;

Pursuant to the Law on People’s Procuracy dated April 2, 2002;

Pursuant to the Government's Decree No. 93/2008/ND-CP dated August 22, 2008 on functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 58/2009/ND-CP dated July 13, 2009 on guidelines for the Law on civil judgment enforcement

The Ministry of Justice, the Supreme People’s Court, the Supreme People’s Procuracy provides guidelines for implementation of civil judgment enforcement and interdisciplinary coordination in civil judgment enforcement as follows:

Chapter I

CIVIL JUDGMENT ENFORCEMENT PROCEDURES

Article 1. Filing requests for judgments and decisions of Courts

1. If the conclusion of a judgment or decision (hereinafter referred to as judgment) of a court is unclear leading difficulty in judgment enforcement or contains some misspellings, data errors or mistakes, the judgment enforcement authority (hereinafter referred to as enforcement authority) may file a request to the court that rendered the judgment in writing to explain unclear points, correct spelling errors or data errors. The court is required to respond to the issues raised in the written request by the enforcement authority.

The written explanation for unclear points, correcting misspellings or data errors shall be made accordance with the provisions of Article 240 Article 382 of Civil Procedure Code and Article 179 of the Law on Civil Judgment Enforcement. The written reply of the Court serves as a basis in order for the enforcement authority to make an enforcement decision, a decision to withdraw or amend enforcement decision which has been issued. The new enforcement decision must be issued within 05 working days from the date of receipt of the written document and the confirm the results of judgment execution if no error in the procedures for enforcement arises from the judgment enforcement held previously.

2. In case of detecting any grounds for review under cassation procedure or reopening procedure against the court’s judgment that has had legal effect and has been enforced, the head of the enforcement authority in charge shall file a request for reconsidering the judgment concerned to the competent person. Within 45 days from receipt of the written request, the competent person must reply to such request.

3. Regarding a written request for reconsidering the judgment which has been sent, if no reply to request is received despite the expiry of the period as stipulated in Clause 3 Article 179 of the Law on civil judgment enforcement, or a rejection of request due to unfounded legal basis for the acceptance, or no protest under cassation or reopening procedure is lodged, the enforcement authority shall initiate the enforcement of judgment that has had effect.

The head of the enforcement authority shall notify the Chief Justice, the Chief Procurator of not receiving the written reply by the competent person.

Article 2. Making judgment decision

1. Where multiple requests for judgment enforcement involving a judgment are received at the same time, one or more enforcement decision(s) shall be made, subject to the content of the judgment of the Court, the number of requests and the receipt time, the enforcement scope, deadline for enforcement decision to implement one or more enforcement decisions in accordance with the provisions of Article 5 of Decree No. 58/2009/ND-CP dated July 13, 2009 of the Government on guidelines for Law on procedures for civil judgment enforcement.

In case of multiple joint obligees, if the person in favor of whom a judgment is executed (hereinafter referred to as judgment creditor) requires one or some of the judgment debtors to fulfill the joint obligation completely, the enforcement authority shall issue an enforcement decision against such debtors.

2. In case of a litigant being a minor, limited legal capacity or a juridical person, the head of the enforcement authority shall issue an enforcement decision at the request of the legal representative of litigant concerned.

In case of a litigant being an legally incapacitated person or a minor whose parent(s) died, is/are unidentifiable, lack of legal capacity, limited legal capacity, have their rights of parents restricted by a court or cannot provide care and education for the minor concerned, if his/her parent(s) make(s) a request, the head of the enforcement authority shall make a enforcement decision according to the request of the guardian.

If an involved party authorize another person to requires judgment enforcement, the head of the enforcement authority shall make an enforcement decision in accordance with the request of the authorized person.

3. For the judgments of Administrative Courts, the civil enforcement authority only accept the cases and issue enforcement decisions against asset-related obligations such as court costs, compensation for damages, asset return, land handover as stated in the court’s judgments. Other contents of the judgment including refusing petition, upholding the decision, cancelling the administrative decision, or not clearly stating the specific rights and obligations related to the assets mentioned are held by the competent administrative agencies.

4. For the judgments containing combined pecuniary penalties in which a sum of pecuniary penalty has been resolved in an effective judgment being enforced, the enforcement authority shall not issue an enforcement decision court but request the competent person in writing to review under cassation procedure against the judgment mentioned.

With regard to a court’s judgment on acceptance of change of the support or supporting person(s), if the case is being enforced by the enforcement authority, the head of the enforcement authority make a decision on revocation of the issued enforcement decision and issue a new enforcement decision according to the new judgment. The change of support shall begin from the time determined in the new court’s judgment, , unless otherwise agreed by the parties.

5. If the judgment has been enforced, in part or whole, but there is a protest, the enforcement authority shall immediately notify the said protester of the results of enforcement. The court in charge of cassation or reopening procedure shall send notice of the results of above judgment enforcement to the agency in charge of the re-investigation or the court in charge of the re-trial. When the rights and obligations of the parties are re-tried and decided, the court has the responsibility to consider the results of judgment enforcement that have been reported for the calculation which matches the results of judgment enforcement and obligation and interests of the involved parties. When a new court’s judgment is brought to enforcement, the enforcement authority shall issue a new enforcement decision in accordance with law. If the judgment creditor has received a part of enforcement in excess of corresponding part mentioned in the new judgment, the enforcement agency is entitled to order him/her return it to the enforcement authority for enforcement of the new decision. If the judgment of which a part has been enforced according through an auction is protested leading cancellation or amendments, the enforcement authority shall continue to complete the procedures prescribed by law for the buyer, unless the auction procedures violate the provisions of law.

Article 3. Notification of judgment enforcement

1. In case of remote roads, convenient transportation, notice recipients having multiple addresses, non-fixed residence, often absent from home during office hours, the involved parties being held in custody and other cases leading the difficulty in direct notification, the notification is made in the form of registered mails by post.

2. Where the notice is sent by telegram, fax, email or other forms required by the person to be notified, the enforcement officer shall keep records of the request, document(s) to be notified and confirmation of receipt of telegram, electronic mail, fax.

3. Notice to persons in detention shall be sent to the address where the person is detained. Superintendents of prisons or detention shall have delivered a written notice to the recipient.

4. In case of authorization, the notices of judgment enforcement documents shall be sent to the authorized persons.

5. If the notice is sent to another person, a record containing full name, position, and address of the authorized recipient, date and time, relationship, and commitment of delivery or prompt notice to the recipient shall be made by the delivery person. The record must be signed by the recipient and delivery person.

6. If the recipient refuses to receive or does not receive the notice deliberately, the delivery person shall make a record of the refusal and the reason with the confirmation of the witness. The person to be noticed shall be deemed to have be noticed validly.

7. The notices shall be posted at the head office of the civil enforcement authority, head office of the People’s Committee of commune where the person to be noticed resides or last resides. The place of residence shall be determined in accordance with the law on residence.

In case of posting for property auction, the place where the notice is posted shall be determined in accordance with the law on auction.

Article 4. Verifying enforcement conditions

1. The verification of assets subject to registration, transfer of ownership and use of property should be based on the contracts of sales, conversion, transfer or donation, certificate of ownership, use of property; through owners, local authorities, agencies or witnesses as confirmation of the seller, the local government, authorities on the sale of assets.

2. In case of suspension of judgment due to the death of a judgment creditor without heirs, the verification must be conducted by the local government, management agency in charge of household and residence where the judgment creditor resides or last resides. The verification results shall be announced on the mass media in central government so as to persons who have related rights and obligations to protect their interests. After 30 days from the date of valid public announcement without the complaints, it is deemed to have grounds to suspend judgment.

Article 5. Judgment enforcement for joint obligations

1. Where under a Court’s judgment or decision the joint obligation does not clearly determine the obligation of each obligee, the judgment execution body shall request one or several joint obligees who has/have conditions to execute the judgment to perform the whole joint obligation.

2. Where under a Court’s judgment or decision the joint obligation clearly determines the obligation of each of the joint obligees and they all have conditions to execute the judgment, the judgment execution body shall request each obligee to fulfill his/her own obligation.

3. If one of the joint obligees does not have conditions to execute the judgment, the judgment execution body shall request those who have conditions to fulfill such obligee’s obligation. Anyone who has performed another person’s judgment execution obligation may request such person to pay for the obligation he/she has performed for the latter according to Article 298 of the Civil Code.

Article 6. Detraining and disposal of property for judgment enforcement

1. Since a first-instance judgment was rendered, if the judgment debtor has sold, converted, transferred, donated, mortgaged, guaranteed or pledged its property to others and has not admitted his/her property and has used the proceeds for judgment execution, such property is still disdained for enforcement, unless otherwise provided by law. If there is a dispute, the enforcement officers shall guide the involved parties to institute a lawsuit at the court to protect their rights and legitimate interests. After 30 days from the date of the notice without any plaintiff, the enforcement agency shall dispose the property for judgment enforcement.

Since effective date of the judgment or in the case where preventive measures, provisional urgent measures, judgment enforcement guarantees, coercion measures are applied, but , the property are still sold, converted, transferred, donated, mortgaged, guaranteed or pledged to another person and the judgment debtor does not admit his/her ownership of the said property, the property shall be disposed for judgment enforcement.

2. Procedures for processing requests of civil enforcement authorities and involved parties regarding determination of ownership, division of property or settlement of disputes related to ownership or rights to use assets arising during judgment enforcement process under the jurisdiction of the court under paragraph 4 of Article 179 of the Law on civil judgment enforcement shall be carried out in accordance with provisions of the Civil Procedure Code.

After 30 days from the date of notification without plaintiffs, the enforcement authority shall dispose the property in accordance with the law; in case of a plaintiff, the enforcement authority only dispose the property upon the effective court’s judgment.

3. For property which has been pledged or mortgaged validly but its value equal to or less than the liability payable under the contract of pledge, mortgage, the enforcement officers must notify recipients mortgage accept the obligations of the said judgment debtor; require the pledgee or mortgage to notify enforcement authority to distraint mortgaged property, the mortgage when the borrower signed a contract payment or portion of distraint, the remaining property (if any ) after the property is processed by the pledgee or mortgage for payment of the signed contract.

4. In cases where the judgment debtor proposes distraint of specific asset in many assets that the proposal does not interfere with the judgment enforcement and such assets enough for judgment enforcement and related costs the enforcement officer shall make a written record explaining to the person concerned about having to bear all the costs related to the disposal of these assets and conduct asset distraint for judgment enforcement. The involved parties’ rights are not restricted to conduct other transactions with other properties remaining.

If the assets which the judgment debtor distrains is not enough to enforce the judgment and the related costs, the enforcement officer shall request the judgment debtor to not conduct other transactions with the remaining assets.

5. Enforcement authorities only distrains other assets of the enterprise if, after deducting the balance (Vietnam dong and foreign currencies); processing of gold, silver, precious metals, precious stones and other valuable papers; deducting property of judgment debtors withheld by other agencies, enterprises or individuals, there is still not enough money for judgment enforcement.

Article 7. Transfer of rights and obligations to enforcement

1. During the fulfillment of the obligation to return the assets, if the judgment debtor died but there is a person who is directly managing and using the asset, the enforcement authority shall fix a time-limit of 30 days for such person to execute the judgment. Upon the expiry of the time limit concerned, if the above person fails to execute the judgment or there is no person who directly manages the asset, the enforcement agency shall hand over the property, including enforcement measures adopted to hand over asset to the judgment creditor prescribed under the law.

2. If the judgment debtor died without estate, the enforcement agency shall make a written notice, setting a time limit of 30 days to heirs or inherited estate manager to implement the agreement. Upon the expiry of the time limit concerned, if the heirs or estate manager fail to reach an agreement on the obligations of the judgment debtor, the enforcement agency shall adopt measures for judgment enforcement guarantee, enforcement measures against estate of the judgment debtor, and set a time limit of 30 days from the date of notification to the person(s) related to the estate of rights to initiate lawsuits. Upon the expiry of the time limit concerned, if there is no plaintiff, the enforcement authority shall dispose property for judgment in accordance with law.

Chapter II

COORDINATION IN THE CIVIL ENFORCEMENT

Article 8. Procuration of enforcement activities

Duties and powers of the Procuracy and the procedures for prosecuting the observance of law for enforcement activities are carried out under the provisions of the Law on Organization of the People’s Procuracy and the law on judgment enforcement.

People’s Procuracies shall prosecute the enforcement activities of civil enforcement authorities of the same levels and lower-level agencies according to periodical plans made in the beginning of the year upon the request of work.

Upon the closing of the procuration work of enforcement of civil judgments, the People’s Procuracy must make a procuration report.

When detecting that decisions and acts of the heads of the civil enforcement authorities, the enforcement officers have violated the law, the Chief Procurator shall lodge protests for remedial measures.

Article 9. Sending enforcement decisions

1. The civil enforcement authority shall deliver in person or sent by post the decision on enforcement to People's Procuracy at the same level within 03 working days from the date of issue, except for judgment enforcement plans that must be delivered immediately.

2. The decision on the settlement of complaints and denunciations about the civil judgment of the General Director of Civil Judgment Execution is immediately sent to the Supreme People's Procuracy of the (through the Department of Enforcement Supervision) to carry out the observance of law in the settlement of complaints and denunciations on civil judgment enforcement.

Article 10: The coordination in enforcement

1. Annually, the heads of the Supreme People’s Procuracy, the Supreme People’s Court, and the Ministry of Justice shall meet at least once in late September or early October to discuss about experiences, remedial measures, and reaching agreement on the direction of judgment enforcement.

2. At least once a year, Department of Enforcement Procuracy affiliated to the Supreme People's Procuracy, the General Department of Civil Judgment Enforcement of the Ministry of Justice shall coordinate in inspection of civil judgment enforcement and coordination of local civil enforcement authorities; timely inspect and reach a consensus about measures for handling of the difficult enforcement cases or those subject to different opinions. Time, plans to hold by the General Department of Civil Judgment Enforcement initiative

3. d/ The heads of the People’s Procuracies, People’s Courts and local civil enforcement authority shall regularly coordinate with one another in order to well carry out the judgment enforcement. Difficulties arising during the implementation must be reported to the Ministry of Justice, the People’s Supreme Procuracy and the Supreme People’s Court for consideration.

Chapter III

IMPLEMENTATION

Article 11. Effect

This Joint Circular takes effect from September 15, 2010 and replaces the following documents: Circular No. 981/TTLN dated September 21, 1993 of the Ministry of Justice, Supreme People's Procuracy, the Supreme People's Court on guidelines for Ordinance on Civil Judgment Enforcement, Joint Circular No. 12/2001 / TTLT-BTP-VKSTC February 26, 2001 of the Ministry of Justice, Supreme People's Procuracy on guidelines for civil judgment enforcement.

Article 12. Implementation

 Difficulties arising during the implementation must be reported to the Ministry of Justice, the People’s Supreme Procuracy and the Supreme People’s Court for consideration.

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