Chương XXXI Bộ luật Tố tụng dân sự 2004: Thủ tục thi hành bản án, quyết định của Toà án

Chapter XXXI

PROCEDURES FOR ENFORCING COURTS’ JUDGMENTS AND DECISIONS

Article 380.- Granting of court judgments or decisions

When court judgments or decisions must be enforced under the provisions of Article 375 of this Code, the courts which have pronounced such judgments or decisions shall grant such judgments or decisions to the judgment creditors and the judgment debtors with the inscription: "For enforcement."

The courts must explain to the judgment creditors and the judgment debtors their rights to claim, the enforcement time limit and their obligations to execute the judgments according to the provisions of the legislation on civil judgment enforcement.

Article 381.- Time limit for delivery of court judgments or decisions

1. For judgments or decisions to be enforced under the provisions of Point a, Clause 2, Article 375 of this Code, the courts which have pronounced the judgments or decisions must send them to the judgment-executing agencies of the same level with the courts which conducted the first-instance trials within ten days as from the date of issuance of such judgments or decisions.

For decisions on the application of provisional emergency measures, the courts which have issued such decisions must immediately transfer them to the judgment-executing agencies of the same level.

2. For judgments or decisions other than those prescribed in Clause 1 of this Article, the courts which have pronounced such judgments or decisions must transfer them to the judgment-executing agencies of the same level with the courts which conducted the first-instance trials within thirty days as from the date the judgments or decisions come into force, except otherwise prescribed by law.

3. When transferring judgments or decisions, the courts must enclose them with the records on distrainment or temporary seizures of exhibits, assets or other relevant documents, if any.

Article 382.- Explanation of court judgments, decisions

1. The judgment creditors, the judgment debtors, persons with their rights and obligations related to the enforcement of judgments or decisions of courts and the judgment-executing agencies shall have the right to request in writing the courts which have issued the judgments or decisions to explain unclear points in the judgments or decisions for execution.

Within fifteen days as from the date of receiving the written requests, the courts must make the written explanations and send them to the requestors, the procuracies of the same level and persons with their rights and obligations related to the enforcement of the court judgments or decisions.

2. The judges making the decisions or the judges presiding over the court sessions shall have the responsibility to explain the court judgments or decisions. In cases where they are no longer judges of the courts, the chief judges of such courts shall explain the court judgments or decisions.

3. The explanation of court judgments or decisions must be based on the minutes of the court sessions and the minutes of deliberation.

Article 383.- Statute of limitations for requesting enforcement of court judgments or decisions

1. Within three years as from the date a court judgment or decision takes legal effect, the judgment creditor and the judgment debtor are entitled to request the competent judgment-executing agency to issue a decision to enforce that court judgment or decision.

In cases where the time limit for fulfillment of the obligations is specified in the court judgment or decision, the three-year period shall be counted from the date the obligations are due; for court judgments or decisions to be enforced periodically, the three-year time limit shall be applied to each of period counting from the date the obligations are due.

2. In cases where persons requesting the enforcement of court judgments can prove that due to objective obstacles or force majeure events they could not request the judgments enforcement within the prescribed time limit, the duration in which the objective obstacles or force majeure events exist shall not be counted into the statue of limitations for requesting the judgment enforcement; for cases of postponing or suspending the enforcement of court judgments or decisions as stipulated in Articles 286 and 307 of this Code, the postponement or suspension period shall not be counted into the statute of limitations for requesting the judgment enforcement, except for cases where the judgment creditors agree to let the judgment debtors postpone or suspend the judgment execution.