Phần thứ chín Bộ luật tố tụng dân sự 2015: Thi hành bản án, quyết định dân sự của tòa án

PART NINE

ENFORCING CIVIL JUDGMENTS/DECISIONS OF COURTS

Chapter XXXIX

ENFORCING CIVIL JUDGMENTS/DECISIONS OF COURTS

Article 482. To be-enforced judgments/decisions of courts

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

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

b) Judgments/decisions of appellate Courts;

c) Cassation/reopening decisions of courts; decisions of Councils of Judges of the Supreme People’s Court prescribed in Article 360 of this Code;

d) Civil judgments/decisions of foreign courts, foreign arbitral award, which have been recognized and permitted for enforcement in Vietnam.

2. The following judgments/decisions of first-instance Courts shall be immediately enforced though they may be appealed against or complained/recommended about:

a) Judgments/decisions on alimonies, remuneration, reinstatement of employees, wages, severance pays, compensation for loss of capacity for work, redundancy pays, social insurance, unemployment insurance, health insurance or compensations for loss of lives, health or mental damage suffered by citizens; decisions on lawfulness of labor strikes;

b) Decisions on application of provisional emergency measures.

Article 483. Recording and explanation about the right to request the enforcement of civil judgment

1. If the judgment/decision of the Court exists a decision to be enforced according to regulations in Article 482 of this Code, in the conclusion of such judgment/decision, the right to request the enforcement of the judgment, the obligation to enforce the judgment and the prescriptive periods of enforcement shall be clearly stated.

2. When issuing a judgment/decision, the Court shall clearly explain the involved parties about their right to request the judgment enforcement, judgment enforcement obligation and prescriptive periods for requesting for the enforcement of the judgment according to provisions of the Law on enforcement of civil judgments.

Article 484. Issuance of judgments/ decisions of Courts

When a judgment/decision of the Court fails in cases subject to being enforced according to regulations in Article 482 of this Code, the Court which has issued such judgment/decision shall issue the judgment creditors and judgment debtors such judgment/decision with the words “Dể thi hành” (to be enforced) written on it.

Article 485. Time limit for forwarding of judgments/decisions

1. The Court that has issued the judgment/decision specified in clause 1 Article 482 of this Code must forward such judgment/decision to competent civil-judgment-executing bodies within 01 month from the day on which such judgment/decision takes legal effect, unless otherwise prescribed by law.

2. The Court that has issued the judgment/decision specified in point a clause 2 Article 482 of this Code must forward such judgment/decision to competent civil-judgment-executing bodies within 15 days from the day on which such judgment/decision takes legal effect.

3. The Court that has made the decision to apply provisional emergency measures or decision on the legitimacy of a strike must forward such decision to competent civil-judgment-executing bodies immediately when such decision has been issued.

4. If the competent agencies have distrained upon the properties, impounded the properties, confiscated the exhibits or other documents related to the enforcement of the judgments, when forwarding the judgments/decisions to the civil-judgment-executing bodies, the Court must enclose with them copies of minutes of the distrainment, impoundment or confiscation of exhibits and other relevant documents.

Article 486. Explanation for and modification of judgments/ decisions of Courts

1. Judgment creditors, judgment debtors, persons with relevant interests and duties to the enforcement of the judgment/decisions of the Court and judgment-executing bodies shall be entitled to request in writing the Court issuing such judgments/decisions to explain and modify unclear information in such judgments/decisions to enforce them.

2. The Judges that have made the decisions or the Judges being the presiding Judges of the Court sessions shall be in charge of explaining and modifying unclear information in the judgments/decisions of the Courts. If such Judges are no longer the Judges of the Courts, the Chief Justices of such Courts shall take their charge.

3. The explanation of judgments/decisions of the Courts shall base on the minutes of the Court session, of the meeting or the deliberation minutes. The modification of a judgment/decision of a Court shall comply with regulations in Article 268 of this Code.

Article 487. Resolution of requests and recommendations about judgments/ decisions of Courts

If a civil-judgment enforcement agency file a recommendation about the re-consideration of a judgment/decision of the Court according to cassation or reopening procedures, the competent Court shall make response within 03 months from the day on which the recommendation is received; if the case is too complicated, such time limit shall be 04 months from the day on which the recommendation is received.

Article 488. Jurisdiction, procedures for consideration for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget by the Court

1. Jurisdiction to consider the exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget by the Court shall be determined as follows:

a) People’s Courts of districts where the civil-judgment-executing bodies which are carrying out the enforcement of the judgment are headquartered shall be entitled to consider the applications for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget;

b) People’s Courts of provinces shall be entitled to consider according to appellate procedures Court decisions on the exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget which are appealed against by the procuracies;

c) Collegial People’s Courts shall be entitled to consider according to re-opening procedures Court decisions on exemption or reduction of legally effective judgment obligation which are appealed against within their jurisdiction.

2. Order and procedures for consideration for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget shall be conformable to provisions of the Law on civil judgment enforcement.