PROCEDURES FOR PARTICIPATION IN CIVIL JUDGMENT ENFORCEMENT IN VIETNAM
In the previous article, we have introduced and guided the process of drafting and submitting a Petition for civil judgment enforcement to Civil judgment enforcement agencies in Vietnam. Please refer to the below link:
In this article, we continue to share our experiences on procedures for participation in civil judgment enforcement after the petitioner submits the Petition for civil judgment enforcement and the competent Civil judgment enforcement agency accepts it.
1. Notification of judgment enforcement
1.1. Documents related to judgment enforcement
Within 5 working days after receiving the Petition for the enforcement of the civil judgment, The Head of the Civil judgment enforcement agency will issue a Decision on judgment enforcement.
The Decision on the judgment enforcement, notices, summons, and other documents related to judgment enforcement will be notified to involved parties and people having related rights and obligations within 3 working days after the issuance of the above documents unless it is necessary to prevent involved parties from dispersing or destroying assets or shirking the judgment enforcement.
1.2. Methods to notify judgment enforcement
Accordingly, documents related to judgment enforcement will be notified by the following methods: (i) Directly notification; (ii) Publicly posting up; or (iii) Notification on the mass media.
In which, documents related to judgment enforcement will be publicly posted up only when the address of the person to be notified is unidentified or direct notification cannot be made, and the notification on the mass media will be made under the law or at the involved parties’ request.
1.3. Notification expenses
Notification expenses will be borne by the judgment debtor unless these expenses are covered by the state budget or paid by the judgment creditor.
2. Voluntary judgment enforcement
The time limit for voluntary judgment enforcement is 15 days after the judgment debtor receives or is properly notified of, the Decision on judgment enforcement.
In case of necessity to prevent the judgment debtor from dispersing or destroying assets or shirking judgment enforcement, the Civil judgment enforcement agency will promptly apply measures to secure judgment enforcement under the law.
3. Verification of judgment enforcement conditions
Within 10 working days after the deadline for voluntary judgment enforcement, if the judgment debtor fails to voluntarily enforce the judgment, the Civil judgment enforcement agency will conduct verification under procedures specified by the law. In case of implementation of the Decision on application of interim urgent measures, the verification must be immediately conducted.
At that time, the judgment debtor must truthfully declare, fully supply information on his/her assets, incomes, and judgment enforcement conditions with the Civil judgment enforcement agency and assume responsibility for his/her declaration. In case the judgment debtor fails to provide, or provide untruthful information on judgment enforcement conditions, he/she will be held responsible before the law, pay arising expenses, and compensation for damage caused by him/her.
If the judgment debtor falls into one of the following cases where there are no conditions for judgment enforcement as prescribed by the law, the Head of the Civil judgment enforcement agency will issue the Decisions on lacking judgment enforcement conditions.
4. Security of judgment enforcement
The Civil judgment enforcement agency has the right at their own or the written requests of the involved parties, promptly apply measures to secure judgment enforcement to prevent dispersal or destruction of assets or shirking of judgment enforcement without prior notice to the involved parties.
Measures to secure judgment enforcement include (i) Blockading accounts; (ii) Seizing assets and papers; or/and (iii) Suspending registration, transfer, or change in the current state of assets.
In case the involved parties’ requests to secure judgment enforcement are wrong and cause damage to the parties subject to security measures or third parties, they will pay compensations.
5. Coercion of the judgment enforcement
Upon the expiration of the time limit for voluntary judgment enforcement, the judgment debtor meeting judgment enforcement conditions but failing to voluntarily enforce the judgment will be coerced to enforce the judgment.
5.1. Decision on coercive judgment enforcement
Within 3 working days after the Decision on coercive judgment enforcement is issued, it will be sent to agencies or organizations related to its implementation.
5.2. Measures to coerce judgment enforcement
Depending on each case, the Civil judgment enforcement agency can apply the following measures to coerce judgment enforcement: (i) Deduction of money on accounts; recovery and handling of money and valuable papers of the judgment debtor; (ii) Subtraction of incomes of the judgment debtor; (iii) Distraint and handling of assets of the judgment debtor, including also those held by third parties; (iv) Exploitation of assets of the judgment debtor; (v) Forcible transfer of objects, property rights and papers; (vi) Forcible performance or non-performance of certain jobs by the judgment debtor.
5.3. Expenses for coercive judgment enforcement
According to regulations of the law, depending on the type of expenses for coercive judgment enforcement, the judgment debtor or the judgment creditor will bear such expenses. At the same time, in some cases, the state budget will pay expenses for coercive judgment enforcement.
The Civil judgment enforcement agency will estimate expenses for coercive enforcement and notify the judgment debtor at least 3 working days before the planned date of coercive enforcement, except for the case of coercive enforcement without delay. At that time, expenses for coercive judgment enforcement will 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.
6. Complaint against judgment enforcement
If the involved parties or people having related rights and obligations have grounds to believe that the Civil judgment enforcement agency’s decisions or acts are illegal or have infringed upon their legitimate rights and interests, they have the right to complain about such decisions or acts within the time limit for the complaint under the law.
Accordingly, the complainant can submit a written complaint to the agency with complaint-settling competence or orally present complaint contents at such agency.
The agency with complaint-settling competence will consider accepting the written complaint and notify in writing the complainant of the acceptance. If acceptance of the written complaint, the agency will issue the Decision on such acceptance. In which, the complained decision or act may be upheld, amended, canceled, or forced to terminate its implementation.
7. Payment of money and assets collected from judgment enforcement
After subtracting judgment enforcement expenses and other amounts specified by the law, money collected from judgment enforcement will be paid in the following order: (i) Alimony; salary, wage, severance allowance, job-loss allowance and working capacity loss allowance; compensation for loss of life, damage to health or mental harms; (ii) Court fee; (iii) Other payables under enforced judgments or rulings.
Within 10 days after collecting money and assets from judgment enforcement, The Civil judgment enforcement agency will settle the above payment and pay the remaining amounts to the judgment debtor under the law.
After receiving money and assets from judgment enforcement, the creditor must pay judgment enforcement charges and expenses under the rates and procedures specified by the law.
8. Conclusion of judgment enforcement
Judgment enforcement automatically concludes in the following cases: (i) The Civil judgment enforcement agency certifies that involved parties have completely exercised their rights and fulfilled their obligations; or (ii) There is a Decision to terminate judgment enforcement.
At that time, the involved parties may request the Civil judgment enforcement agency to certify the judgment enforcement result. Within 5 working days after receiving the involved parties’ requests, the Head of the Civil judgment enforcement agency will issue the written certification of the judgment enforcement result to the involved parties.
Above is our legal share on procedures for participation in civil judgment enforcement in Vietnam. We hope that this article can help you better understand and take notes on these procedures to protect your legitimate rights and interests in the process of judgment enforcement at the Civil Judgment Enforcement Agency.
TNTP & Associates International Law Firm