Chương XXX Bộ luật Tố tụng dân sự 2004: Quy định chung về thi hành bản án, quyết định của Toà án

Chapter XXX

GENERAL PROVISIONS ON ENFORCEMENT OF COURTS’ JUDGMENTS, DECISIONS

Article 375.- To be-enforced judgments or decisions of courts

1. The to be-enforced civil judgments or decisions of courts are those that already took effect, including:

a) Judgments or decisions or parts of judgments or decisions of the first-instance courts, which are not appealed, protested against according to the appellate procedures;

b) Judgments or decisions of appeal courts;

c) Cassation decisions or reopening trial decisions of courts;

d) Civil judgments or decisions of foreign courts, foreign arbitral awards, which have been recognized and permitted for enforcement in Vietnam under Vietnamese courts’ legally effective decisions.

2. The following judgments or decisions of the first-instance courts shall be enforced immediately even though they may be appealed or protested against:

a) Judgments or decisions on alimonies, remuneration, reinstatement of laborers, wages, severance allowances, social insurance or compensations for loss of lives, health or mental damage suffered by citizens;

b) Decisions on application of provisional emergency measures.

Article 376.- Grounds for enforcement of court judgments or decisions

Court judgments or decisions shall be enforced when there are the following grounds:

1. The to be-enforced judgments or decisions prescribed in Article 375 of this Code;

2. The judgment-executing decision of competent judgment-executing agency.

Article 377.- Right to request enforcement of court judgments or decisions

1. In cases where the involved parties fail to voluntarily execute judgments or decisions, the judgment creditors and the judgment debtors shall base themselves on the courts’ judgments or decisions to request the competent judgment-executing agencies to issue decisions for judgment execution.

2. The persons who request the enforcement of court judgments or decisions must file their application for judgment enforcement or directly present to the judgment-executing agencies the contents of their applications and information relevant to the judgment execution, together with judgments or decisions requested for enforcement.

Article 378.- Responsibilities of individuals, agencies and/or organizations in enforcing court judgments or decisions

1. Individuals, agencies and/or organizations shall, within the scope of their tasks and powers, have the responsibilities to fully realize the requests of executors in executing the courts’ judgments or decisions.

2. The presidents of the People’s Committees of all levels shall, within the scope of their tasks and powers, have the responsibilities to direct the coordination among the concerned agencies in enforcing the courts’ judgments or decisions in their respective localities according to law provisions on civil judgment enforcement.

The commanders of military zones and the equivalent shall, within the scope of their tasks and powers, have the responsibilities to organize the coordination among the concerned agencies in enforcing the judgments in the military zones and the equivalent.

3. Public security offices shall have the responsibility to maintain order and promptly stop acts of obstructing or resisting the enforcement of court judgments or decisions. In cases where the coercive enforcement measure is applied, the public security offices and concerned agencies shall have to coordinate in realizing such measure at the requests of the heads of the judgment-executing agencies or of the executors.

Article 379.- Inspecting and supervising the enforcement of court judgments or decisions

The people’s procuracies shall, within the scope of their tasks and powers, inspect and supervise the law observation by the involved parties, the judgment-executing agencies, executors, and individuals, agencies and organizations related to the enforcement of court judgments or decisions in order to ensure the timely, full and lawful enforcement of court judgments or decisions.