Phần thứ bảy Bộ luật Tố tụng dân sự 2004: Thi hành bản án, quyết định dân sự của Toà án

Part Seven

ENFORCING CIVIL JUDGMENTS OR DECISIONS OF COURTS

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.

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.