CHƯƠNG III Luật thi hành án dân sự 2008: Thủ tục thi hành án dân sự

Chapter III.

CIVIL JUDGMENT ENFORCEMENT PROCEDURES

Article 26. Guidance on the right to request civil judgment enforcement

Upon making judgments, rulings or awards, courts, the Council for Handling of Competition Cases and commercial arbitrations shall explain to involved parties about the contents of, and at the same time clearly state in, these judgments, rulings or awards the right to request enforcement and the statute of limitations for filing such request.

Article 27. Handover of judgments and rulings

Courts, the Council for Handling of Competition Cases and commercial arbitrations that have made judgments, rulings and awards defined in Article 2 of this Law shall hand over to involved parties these judgments, rulings and awards written with the phrase “For enforcement.”

Article 28. Sending of judgments and rulings

1. For judgments and rulings defined at Points a, b, c and d, Clause 1, Article 2 of this Law, within 30 days after these judgments and rulings take legal effect, courts that have made them shall send them to competent civil judgment enforcement agencies.

2. For judgments and rulings to be enforced under Point a, Clause 2, Article 2 of this Law, within 15 days after making these judgments and rulings, courts shall send them to civil judgment enforcement agencies.

3. For rulings on application of provisional urgent measures, immediately after making them, courts shall send them to civil judgment enforcement agencies.

4. In case competent agencies have distrained or temporarily held assets, or seized material evidence or other documents related to the judgment enforcement, when sending judgments or rulings to civil judgment enforcement agencies, courts shall enclose copies of written records of distraint or temporary holding of assets or seizure of material evidence or other related documents.

Article 29. Procedures for receiving judgments and rulings

Upon receiving a judgment or ruling from a court, the civil judgment enforcement agency shall check it and record it in a book.

A judgment and ruling record book must clearly indicate ordinal numbers and dates of receipt of judgments and rulings as well as their numbers and dates, and names of issuing courts; full names and addresses of involved parties and titles of other related documents.

The in-person delivery and receipt of a judgment or ruling must be certified by signatures of the deliverer and recipient. In case a judgment, ruling or related document is sent by post, the civil judgment enforcement agency shall notify in writing the sending court of the receipt.

Article 30. Statute of limitations for requesting judgment enforcement

1. Within 5 years after a judgment or ruling takes legal effect, the judgment creditor and judgment debtor may request a competent civil judgment enforcement agency to issue a judgment enforcement decision.

In case a time limit for fulfilling an obligation is set in the judgment or ruling, the 5-year statute of limitations will be counted from the date the obligation is due.

For judgments and rulings subject to periodical enforcement, the 5-year statute of limitations will apply to each period and be counted from the date the obligation is due.

2. In case of postponement or suspension of judgment enforcement under this Law, the postponement or suspension duration will not be counted into the statute of limitations for requesting judgment enforcement, unless judgment creditors agree to allow judgment debtors to postpone the judgment enforcement.

3. In case the judgment enforcement requesters can prove that he/she is unable to request judgment enforcement within the set time limit due to an objective obstacle or a force majeure circumstance, the duration when these objective obstacles or force majeure circumstance exists will not be counted into the statute of limitations for requesting judgment enforcement.

Article 31. Written requests for judgment enforcement

1. A written request for judgment enforcement contains the following principal details:

a/ Full name and address of the requester;

b/ Name of the civil judgment enforcement agency requested to enforce the judgment;

c/ Full names and addresses of the judgment creditor and judgment debtor;

d/ Contents of the judgment requested to be enforced;

e/ Information on assets or judgment execution conditions of the judgment debtor.

2. The judgment enforcement requester shall clearly write the date of making the request and give his/her signature or fingerprint. For a legal entity, its written request must be appended the signature of its lawful representative and its seal.

In case the judgment enforcement requester makes his/her request orally at the civil judgment enforcement agency, a written record shall be made to record the detail specified in Clause 1 of this Article and bear the signature or fingerprint of the requester and the signature of the record maker. These written records are as valid as written requests for judgment enforcement.

Enclosed with the written request for judgment enforcement must be the judgment or ruling requested to be enforced and other related documents, if any.

3. Judgment enforcement requesters may request civil judgment enforcement agencies to apply measures to secure judgment enforcement specified in Article 66 of this Law.

Article 32. Procedures for sending written requests for judgment enforcement

1. The judgment enforcement requester may directly request or authorize another person to request judgment enforcement in either of the following ways:

a/ Filing a written request with or make an oral request at the civil judgment enforcement agency;

b/ Sending a written request by post.

2. The date of sending a written request for judgment enforcement is the date the judgment enforcement requester files the written request or makes an oral request at the civil judgment enforcement agency or the date of the postmark affixed by the sending post office.

Article 33. Receipt of written requests for judgment enforcement

1. Upon receiving a written request for judgment enforcement, the civil judgment enforcement agency shall check the details of the request and enclosed documents, record it in the judgment enforcement request book and issue a receipt to the request filer.

2. A judgment enforcement request book must fully show the following details:

a/ Date of receipt of the request;

b/ Number and date of issuance of the judgment or ruling; name of the issuing agency;

c/ Full name and address of the requester;

d/ Full names and addresses of the judgment debtor and judgment creditor;

e/ Judgment contents requested to be enforced;

f/ Other enclosed documents.

Article 34. Rejection of written requests for judgment enforcement

1. Civil judgment enforcement agencies may reject written requests for judgment enforcement in the following cases:

a/ The judgment enforcement requester has no right to request judgment enforcement or the contents of the written request for judgment enforcement are irrelevant to the contents of the judgment or ruling;

b/ The civil judgment enforcement agency requested to enforce the judgment is incompetent to do so;

c/ The statute of limitations for requesting judgment enforcement has expired.

2. Civil judgment enforcement agencies that reject written requests for judgment enforcement shall notify the request filers thereof.

Article 35. Competence to enforce judgments

1. District-level civil judgment enforcement agencies are competent to enforce the following judgments and rulings:

a/ First-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;

b/ Appellate judgments and rulings of provincial-level courts over first-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;

c/ Cassation or re-opening rulings of provincial-level courts over judgments and rulings, which have taken legal effect, of district-level courts of localities where district-level civil judgment enforcement agencies are located;

d/ Judgments and rulings entrusted by district-level civil judgment enforcement agencies of other localities, provincial-level or military zone-level civil judgment enforcement agencies.

2. Provincial-level civil judgment enforcement agencies are competent to enforce the following judgments and rulings:

a/ First-instance judgments and rulings of provincial-level courts of the same localities;

b/ Judgments and rulings transferred by the Supreme People’s Court to them;

c/ Judgments and rulings of foreign courts, awards of foreign arbitrations recognized by Vietnamese courts for enforcement in Vietnam;

d/ Awards of commercial arbitrations;

e/ Decisions on handling of competition cases issued by the Council for Handling of Competition Cases;

f/ Judgments and rulings entrusted by civil judgment enforcement agencies of other localities or military zone-level judgment enforcement agencies;

g/ Judgments and rulings falling under the enforcing competence of district-level civil judgment enforcement agencies defined in Clause 1 of this Article they pick up for enforcement when finding it necessary;

h/ Judgments and rulings defined in Clause 1 of this Article with involved parties residing or assets located overseas or which require judicial mandate for enforcement.

3. Military zone-level judgment enforcement agencies are competent to enforce the following judgments and rulings:

a/ Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil rulings in criminal judgments and rulings of military zone-level military tribunals or equivalent courts in their localities;

b/ Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil rulings in criminal judgments and rulings of regional military tribunals in their localities;

c/ Rulings on fines, confiscation of assets, handling of material evidence and assets, retrospective collection of illicitly earned money and assets, court fees and civil rulings in criminal judgments and rulings transferred by the central military tribunal to military zone-level judgment enforcement agencies;

d/ Civil judgments and rulings transferred by the Supreme People’s Court to military zone-level judgment enforcement agencies;

e/ Judgments and rulings entrusted by provincial-level, district-level or military zone-level civil judgment enforcement agencies for enforcement.

Article 36. Issuance of judgment enforcement decisions

1. Heads of civil judgment enforcement agencies may issue at their own will decisions to enforce the following parts of judgments and rulings:

a/ Fines, retrospective collection of illicitly earned money and assets; court fees;

b/ Refund of money and assets to involved parties;

c/ Confiscation into the state budget or destruction of material evidence and assets;

d/ Recovery of the right to use land and other assets subject to remittance into the state budget;

e/ Decision on application of provisional urgent measures.

Within 5 working days after receiving judgments and rulings, heads of civil judgment enforcement agencies shall issue judgment enforcement decisions.

Within 24 hours after receiving decisions on application of provisional urgent measures transferred by courts or handed directly by involved parties, heads of civil judgment enforcement agencies shall issue judgment enforcement decisions and assign enforcers to organize the enforcement.

2. In addition to the cases specified in Clause 1 of this Article, heads of civil judgment enforcement agencies may issue judgment enforcement decisions only when receiving written requests for judgment enforcement.

The time limit for issuing judgment enforcement decisions is 5 working days after receiving written requests for judgment enforcement.

3. Within 2 working days after issuing judgment enforcement decisions, heads of civil judgment enforcement agencies shall assign enforcers to organize the implementation of these decisions.

Article 37. Revocation, amendment, supplementation and cancellation of judgment enforcement decisions

1. Persons competent to issue judgment enforcement decisions shall issue decisions to revoke judgment enforcement decisions in the following cases:

a/ The judgment enforcement decision has been issued ultra vires;

b/ The judgment enforcement decision contains errors which may change the contents of the case subject to judgment enforcement;

c/ The ground for issuance of the judgment enforcement decision no longer exists;

d/ Cases specified in Clause 3, Article 54 of this Law.

2. Persons competent to issue judgment enforcement decisions and persons competent to settle complaints may issue decisions amending and supplementing or requesting amendments and supplementations to judgment enforcement decisions in case the latter contain errors which do not change the contents of cases subject to judgment enforcement.

3. Persons competent to issue judgment enforcement decisions and persons competent to settle complaints may issue decisions on cancellation or request cancellation of judgment enforcement decisions of heads of lower-level civil judgment enforcement agencies or enforcers directly under their management in the following cases:

a/ They detect that the cases specified in Clauses 1 and 2 of this Article are not remedied by heads of lower-level civil judgment enforcement agencies or enforcers under their direct management after being so requested;

b/ Judgment enforcement decisions are unlawful as concluded by competent agencies.

4. Decisions on revocation, amendment, supplementation or cancellation of judgment enforcement decisions must clearly state grounds for, contents and legal consequences of the revocation, amendment, supplementation or cancellation.

Article 38. Sending of judgment enforcement decisions

Judgment enforcement decisions shall be sent to procuracies at the same level.

Decisions on coercive judgment enforcement shall be sent to People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) where coercive judgment enforcement is organized or to agencies or organizations related to the implementation of these decisions.

Article 39. Notification of judgment enforcement

1. Judgment enforcement decisions, notices, summons and other documents related to judgment enforcement must be notified to involved parties and persons with related rights and obligations for them to exercise their rights and perform their obligations according to the contents of these documents.

2. The notification shall be made within 3 working days after the issuance of any of the above documents, unless it is necessary to prevent involved parties from dispersing or destroying assets or shirking the judgment enforcement.

3. The notification shall be made in the following forms:

a/ Notices handed directly or sent through other agencies, organizations or individuals under law;

b/ Publicly posted notices;

c/ Announcements on the mass media.

4. Notification expenses shall be borne by judgment debtors, unless it is prescribed by law that these expenses are covered by the state budget or paid by judgment creditors.

Article 40. Procedures for direct notification to individuals

1. Notices shall be delivered directly to individuals who are required to sign or press fingerprints for receipt certification.

2. In case persons to be notified are absent, notices shall be delivered to one of their relatives who has the full civil act capacity and lives together with them, including their spouses and children, their or their spouses’ grandparents, parents, uncles, aunts or siblings.

The delivery of notices must be recorded in writing. The date of making a written record is the date of proper notification.

In case persons to be notified have no relatives who have the full civil act capacity and live together with them, have such relatives but these persons refuse to receive notices, or are absent for an indefinite period, notification makers shall make written records of the impossibility of notification and have them signed by witnesses and publicly post up the notices under Article 42 of this Law.

3. In case persons to be notified have moved to new places, notices shall be delivered to the addresses of the new places.

Article 41. Procedures for direct notification to agencies and organizations

In case parties to be notified are agencies or organizations, notices shall be handed directly to representatives at law or persons responsible for receiving incoming mails of these agencies or organizations who shall sign for receipt. In case agencies or organizations to be notified have their representatives joining in the judgment enforcement or designate their representatives to receive notices, these persons shall sign the receipt of notices. The date of signing the receipt is the date of proper notification.

Article 42. Public notification

1. Notices shall be publicly posted up only when addresses of persons to be notified are unidentified or direct notification cannot be made, unless otherwise provided by law.

Civil judgment enforcement agencies shall directly post up notices or entrust commune-level People’s Committees of localities where persons to be notified reside or have last resided or individuals or organizations with sufficient conditions as defined by law to post up notices.

2. Public notification shall be made according to the following procedures:

a/ Posting up notices at offices of civil judgment enforcement agencies or commune-level People’s Committees or places where persons to be notified reside or have last resided;

b/ Making written records of public notification, clearly stating the date of notification, number and date of notices, and have them signed by witnesses.

3. The duration for publicly posting up a notice is 10 days from the posting date. The posting date is the date of proper notification.

Article 43. Announcements on the mass media

1. Announcements on the mass media shall be made under law or at request of involved parties.

2. In case involved parties are determined to be present in localities where they reside, announcements shall be published on a daily newspaper for 2 consecutive issues or broadcast twice on provincial-level radios or televisions of these localities for 2 consecutive days.

In case involved parties are determined to be absent from localities where they reside, announcements shall be published on a daily newspaper for two consecutive issues or broadcast twice on the central radio or television for 2 consecutive days.

3. The date of making an announcement for the second time on a mass medium is the date of proper notification.

Article 44. Verification of judgment conditions execution

1. In case they issue judgment enforcement decisions at its own will, enforcers shall verify judgment conditions execution of judgment debtors.

In case of requested judgment enforcement, if judgment creditors have applied necessary measures but are still unable to verify judgment debtors’ judgment execution conditions, they may request enforcers to do so. The request must be made in writing, clearly indicating the applied measures and enclosed with proof documents.

2. Within 10 days after issuing judgment enforcement decisions at their own will or receiving judgment creditors’ requests for verification, enforcers shall conduct verification. In case of implementation of decisions on application of provisional urgent measures, verification must be conducted without delay.

The verification must be recorded in writing with the certification of the head of the street population quarter, People’s Committee president, commune-level police chief or the head of the agency or organization which has conducted verification. A verification record must fully show verification results.

Article 45. Time limit for voluntary execution of judgments

1. The time limit for voluntary execution of a judgment is 15 days after the judgment debtor receives or is properly notified of, the judgment enforcement decision.

2. In case of necessity to prevent judgment debtors from dispersing or destroying assets or shirking the judgment enforcement, enforcers may promptly apply measures specified in Chapter IV of this Law.

Article 46. Coercive enforcement of judgments

1. Upon the expiration of the time limit specified in Clause 1, Article 45 of this Law, judgment debtors with judgment execution conditions who fail to voluntarily execute judgments shall be coerced to do so.

2. No coercive enforcement of judgments shall be conducted from 22:00 hrs to 6:00 hrs, or weekends and holidays as provided by law and in other special cases specified by the Government.

Article 47. Order of payment of sums of money collected from judgment enforcement

1. Sums of money collected from judgment enforcement, after subtracting judgment enforcement expenses and the sum of money specified in Clause 5, Article 115 of this Law, shall be paid in the following order:

a/ Alimony; salary, wage, severance allowance, job-loss allowance and working capacity loss allowance; compensation for loss of life, damage to health or mental harms;

b/ Court fee;

c/ Other payables under enforced judgments or rulings.

2. In case there are many judgment creditors under a judgment, sums of money collected from judgment enforcement shall be paid as follows:

a/ Payment shall be made in the order specified in Clause 1 of this Article. In case there are many judgment creditors of the same priority level, payment shall be made in proportion to sums of money enjoyable by these creditors;

b/ Money collected under a coercive judgment enforcement decision shall be paid to the judgment creditors that has filed a request for judgment enforcement by the time of issuance of the decision. The remaining sum of money shall be paid to other judgment creditors under other judgment enforcement decisions by the time of payment.

Any remainders shall be paid to judgment debtors.

3. Proceeds from the sale of assets in collaterals or mortgages or sale of assets ruled to be distrained to secure the fulfillment of a specific obligation shall be paid first of all for the secured obligation after subtracting judgment enforcement expenses.

4. The order of payment of sums of money collected from enforcement of bankruptcy judgments must comply with the law on bankruptcy.

5. Within 10 days after collecting money, enforcers shall pay such money under Clauses 1 and 2 of this Article.

Article 48. Postponement of judgment enforcement

1. Heads of civil judgment enforcement agencies may issue decisions to postpone judgment enforcement in the following cases:

a/ The judgment debtor falls seriously ill as certified by the health establishment of district or higher level, or has unidentified address, or cannot fulfill by himself/herself his/her obligation under the judgment or ruling for other plausible reasons;

b/ The judgment creditor agrees to let the judgment debtor postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly indicating the postponement duration, and signed by involved parties. In this duration, the judgment debtor may, with the judgment creditor’s consent, bear no interest arising from the postponed judgment enforcement;

c/ The person obliged to pay state budget remittances has no asset or has assets the value of which is insufficient to cover expenses for coercive judgment enforcement or has assets which are not allowed to be distrained;

d/ There is a dispute over distrained assets which has been accepted by a court for settlement;

e/ The judgment enforcement is in the middle of the period for competent agencies to explain judgments and rulings and respond to petitions of civil judgment enforcement agencies under Clauses 2 and 3, Article 179 of this Law.

2. Heads of civil judgment enforcement agencies shall issue decisions on judgment enforcement postponement upon receiving requests of persons with protesting competence at least 24 hours before the time of coercive judgment enforcement set in coercion decisions. In case judgment enforcement agencies receive such requests less than 24 hours before the time of coercive enforcement set in decisions on coercive judgment enforcement, heads of civil judgment enforcement agencies may decide on judgment enforcement postponement when finding it necessary.

For judgments which have been partially or completely enforced, civil judgment enforcement agencies shall promptly notify such in writing to judgment enforcement postponement requesters.

Persons competent to protest against court judgments or rulings according to cassation or re­-opening procedures may request enforcement postponement only once for examination of their protests in order to avoid irremediable consequences.

The maximum duration of judgment enforcement postponement requested by persons competent to protest against judgments or rulings is 3 months after the date of making written requests for judgment enforcement postponement. In this duration, judgment debtors may bear no interest arising from the postponed judgment enforcement.

3. The time limit for issuing a judgment enforcement decision postponement is 5 working days after there emerges a ground as specified in Clause 1 of this Article. In the case specified in Clause 2 of this Article, a judgment enforcement decision postponement shall be promptly issued upon receipt of a competent person’s request.

4. Within 5 working days after the ground for judgment enforcement postponement specified in Clause 1 of this Article no longer exists or the expiration of the duration of judgment enforcement postponement requested by competent persons defined in Clause 2 of this Article or the receipt of notices of non-existence of grounds for protest from persons with the protesting competence, heads of civil judgment enforcement agencies shall issue decisions to continue judgment enforcement.

Article 49. Suspension of judgment enforcement

1. Heads of civil judgment enforcement agencies shall notify the judgment enforcement suspension upon receiving judgment enforcement decisions suspension of persons competent to protest against judgments or rulings according to cassation or re-opening procedures.

For judgments or rulings which have been partially or completely enforced, heads of civil judgment enforcement agencies shall promptly notify such in writing to protesters.

In the duration of judgment enforcement suspension due to protests, judgment debtors may bear no interest arising from the suspended judgment enforcement.

2. Heads of civil judgment enforcement agencies shall issue judgment enforcement decisions suspension upon receiving courts’ notices of acceptance of applications for opening of bankruptcy procedures for judgment debtors.

The time limit for issuing a judgment enforcement decision suspension is 5 working days after the receipt of a court notice.

3. Heads of civil judgment enforcement agencies shall issue a decision to continue judgment enforcement within 5 working days after the receipt of any of the following decisions:

a/ A competent person’s decision to withdraw the protest;

b/ A court’s cassation or re-opening ruling to uphold the protested judgment or ruling;

c/ A court’s ruling on suspension of procedures for bankruptcy or resumption of business operation of an enterprise or cooperative falling into bankruptcy.

Article 50. Termination of judgment enforcement

1. Heads of civil judgment enforcement agencies shall issue decisions to terminate judgment enforcement in the following cases:

a/ The judgment debtor dies without estate or after his/her death, his/her obligation under the judgment or ruling must not be transferred, as prescribed by law, to his/her heirs;

b/ The judgment creditor dies but his/her rights and interests under the judgment or ruling must not be transferred to his/her heirs or he/she dies without heirs;

c/ Involved parties agree in writing or the judgment creditor requests in writing the civil judgment enforcement agency to discontinue the judgment enforcement, unless the judgment enforcement termination affects rights and legitimate interests of a third party;

d/ The judgment or ruling is partially or wholly quashed;

e/ The judgment debtor is an organization which has been dissolved and has no assets while, as prescribed by law, its obligation must not be transferred to another organization;

f/ There is a decision on exemption from or reduction of the obligation to enforce the judgment;

g/ A court has decided to open bankruptcy procedures for the judgment debtor;

h/ The minor who had been consigned to another person for nurturing has become an adult.

2. The time limit for issuing a judgment enforcement termination decision is 5 working days after there emerges a ground for judgment enforcement termination specified in Clause 1 of this Article.

Article 51. Return of written requests for judgment enforcement

1. Heads of civil judgment enforcement agencies shall decide to return written requests for judgment enforcement in the following cases:

a/ The judgment debtor has no assets for judgment enforcement or has assets the value of which is efficient only for paying expenses for coercive judgment enforcement or which are not allowed to be handled for judgment enforcement under law;

b/ The judgment debtor has no income or has low incomes which can only assure minimum living standards for him/her and his/her family;

c/ Distrained assets cannot be sold while the judgment creditor refuses to accept them for judgment enforcement;

d/ The judgment debtor is obliged to return specific objects but these objects no longer exist or are irreparably damaged, and involved parties do not otherwise agree.

2. When judgment debtors have judgment execution conditions, judgment creditors may request enforcement of judgments or rulings within the time limit specified in Clause 1, Article 30 of this Law, counting from the date judgment debtors are detected to have judgment execution conditions.

Article 52. Conclusion of judgment enforcement

Judgment enforcement automatically concludes in the following cases:

1. Involved parties have completely exercised their rights and fulfilled their obligations;

2. There is a judgment enforcement termination decision;

3. There is a decision on return of the written request for judgment enforcement.

Article 53. Certification of judgment enforcement results

Involved parties may request civil judgment enforcement agencies to certify judgment enforcement results.

Within 5 working days after receiving requests of involved parties, heads of civil judgment enforcement agencies shall issue written certifications of judgment enforcement results.

Article 54. Transfer of the judgment execution right or obligation

1. The transfer of the judgment enforcement right or obligation of organizations is made as follows:

a/ In case of consolidation, the new organization shall continue exercising the right or performing the obligation to execute judgments, unless otherwise provided for by law;

b/ In case of merger, the merging organization shall continue exercising the right or performing the obligation to execute judgments, unless otherwise provided for by law;

c/ In case of separation or split-up, the agency issuing the separation or split-up decision shall clearly identify individuals and organizations to continue exercising the right or performing the obligation to execute judgments under this decisions, unless otherwise provided for by law.

If the separation or splitting decision does not state the obligation of the new organization, the organization shall, after separation or split-up, take joint responsibility for performing the judgment execution obligation of the separated or split organization;

d/ In case of dissolution, agencies competent to issue dissolution decisions shall notify civil judgment enforcement agencies thereof before issuing dissolution decisions. In case the judgment execution right or obligation of a dissolved organization is transferred to another organization, the latter shall continue exercising the right or performing the obligation to execute judgments.

Civil judgment enforcement agencies, judgment creditors, persons with related rights and obligations may request competent agencies to reconsider dissolution decisions under law.

In case assets for judgment enforcement no longer exist due to the implementation of unlawful dissolution decisions, dissolution decision-issuing agencies shall fulfill the part of the obligation of dissolved organizations corresponding to these assets;

e/ In case of bankruptcy, the judgment execution right or obligation shall be exercised or performed under bankruptcy decisions;

f/ In case enterprises, which have not yet exercised their right or performed their obligation to execute judgments, are transformed into joint-stock companies, these joint-stock companies shall continue exercising the right or performing the obligation to execute judgments.

2. In case judgment creditors or judgment debtors being individuals die, their judgment execution right or obligation shall be transferred to other persons under the law on inheritance.

3. In the cases specified in Clauses 1 and 2 of this Article, organizations and individuals that are transferred the judgment execution right or obligation may file written requests for judgment enforcement or shall continue exercising the right or performing the obligation to execute judgments under this Law.

Heads of civil judgment enforcement agencies shall issue judgment enforcement decisions for new individuals and organizations corresponding to the transferred judgment enforcement right or obligation and issue decisions on withdrawal of previously issued judgment enforcement decisions.

For other judgment enforcement decisions and notices, civil judgment enforcement agencies may, on a case-by-case basis, uphold, withdraw or issue other appropriate decisions and notices under this Law.

4. In case an involved party agrees with the transfer of the judgment execution right or obligation to a third party, the latter will have the rights and obligations of this involved party.

Article 55. Entrustment of judgment enforcement

1. Heads of civil judgment enforcement agencies may entrust judgment enforcement to civil judgment enforcement agencies in localities where judgment debtors have their assets, work, reside or are based.

2. In case judgment debtors have assets, work, reside or are based in more than one locality, heads of civil judgment enforcement agencies may entrust partial judgment enforcement to civil judgment enforcement agencies in localities where these judgment debtors have judgment execution conditions for fulfilling part of their obligation.

In case of entrusted performance of asset-related obligations, heads of civil judgment enforcement agencies shall entrust the performance to civil judgment enforcement agencies in localities where judgment debtors have their assets. If localities where assets exist cannot be identified or are concurrently places where judgment debtors work, reside or are based, the performance shall be entrusted to these places.

In case of performance of joint obligations, if judgment debtors reside or have assets in different localities, heads of civil judgment enforcement agencies shall entrust the whole judgment enforcement obligation to the civil judgment enforcement agency in a locality where these judgment debtors have judgment execution conditions.

3. Entrustment shall be made within 5 working days after the date of identification of grounds therefor. When it is necessary to entrust the enforcement of court rulings on application of provisional urgent measures, the entrustment shall be made right after grounds for entrustment are obtained.

Article 56. Competence to entrust judgment enforcement

1. Provincial-level civil judgment enforcement agencies may entrust the enforcement of the following judgments and rulings:

a/ Entrusting to provincial-level civil judgment enforcement agencies in other localities the enforcement of judgments and rulings on reemployment of laborers or payment of compensations for damage whereby judgment debtors are provincial-level or central state agencies; judgments and rulings involving foreign elements or related to intellectual property rights; awards of commercial arbitrations; or decisions on handling of competition cases of the Council for Handling of Competition Cases;

b/ Entrusting to military zone-level judgment enforcement agencies the enforcement of judgments and rulings under which involved parties or assets are related to the Army in their localities;

c/ Entrusting to district-level civil judgment enforcement agencies the enforcement of other judgments and rulings, except the cases specified at Points a and b of this Clause.

2. District-level civil judgment enforcement agencies may entrust cases falling under their judgment enforcement competence to provincial-level civil judgment enforcement agencies in other localities, military zone-level judgment enforcement agencies or other district-level judgment enforcement agencies with enforcement conditions.

3. Military zone-level judgment enforcement agencies may entrust cases falling under their judgment enforcement competence to other military zone-level judgment enforcement agencies, provincial-level or district-level civil judgment enforcement agencies with enforcement conditions.

Article 57. Entrusting judgment enforcement

1. Before entrusting judgment enforcement, civil judgment enforcement agencies shall complete the handling of assets temporarily held, seized or distrained in localities related to entrusted sums of money. In case heads of civil judgment enforcement agencies have issued judgment enforcement decisions but find it necessary to entrust the enforcement, they shall issue decisions to revoke part or the whole of judgment enforcement decisions and issue decisions to entrust the enforcement to localities with enforcement conditions.

2. Entrusted civil judgment enforcement agencies may not return entrustment decisions to entrusting civil judgment enforcement agencies but shall continue the judgment enforcement under this Law, unless entrustment decisions contain obvious mistakes or errors about competence of agencies entrusted or contents of judgment enforcement.

Within 5 working days after receiving entrustment decisions, heads of civil judgment enforcement agencies shall issue judgment enforcement decisions and notify in writing the entrusting civil judgment enforcement agencies of the receipt of the entrustment decisions.

Article 58. Preservation of assets for judgment enforcement

1. Assets for judgment enforcement shall be preserved in any of the following forms:

a/ Consignment to judgment debtors or their relatives defined in Clause 2, Article 40 of this Law or current users for preservation;

b/ Preservation by individuals or organizations with preservation conditions;

c/ Preservation in warehouses of civil judgment enforcement agencies.

2. Assets being precious metals, gems, cash or valuable papers shall be preserved at the State Treasury.

3. A written record shall be made of the handover of assets for preservation, clearly indicating kinds and state of assets; time and date of handover; full names of enforcers, involved parties and persons assigned to preserve assets, and witnesses, if any; rights and obligations of persons assigned to preserve assets, and be signed by concerned parties. If any person refuses to sign the written record, the refusal and reason therefor shall be clearly stated in the record.

Persons assigned to preserve assets defined at Point b, Clause 1 of this Article will be paid remuneration and expenses for asset preservation. Asset preservation remuneration and expenses shall be borne by judgment debtors, unless otherwise provided for by law.

4. Written records of handover of assets for preservation shall be handed to involved parties, persons with related rights and obligations, persons assigned to preserve assets or current asset users or preservers, and filed into in judgment enforcement dossiers.

5. Persons assigned to preserve assets who violate asset preservation regulations shall, depending on the nature and seriousness of their violations, be administratively sanctioned, disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.

Article 59. Judgment enforcement upon a change in asset prices at the time of judgment enforcement

In case a party, under a judgment or ruling, receives assets and is obliged to pay to the other party the asset value he/she receives, but at the time of judgment enforcement, the asset value changes and any involved party requests the asset valuation, these assets shall be valuated under Article 98 of this Law for judgment enforcement.

Article 60. Civil judgment enforcement fee

Judgment creditors shall pay a civil judgment enforcement fee.

The Government shall specify civil judgment enforcement fee rates, procedures for collection, remittance, management and use of this fee.

Article 61. Conditions on judgment execution obligation exemption or reduction regarding state budget remittances

1. Judgment debtors have no assets for payment of state budget remittances may be considered for exemption from the judgment execution obligation upon the expiration of the following time limits:

a/ Five years after the date of issuance of judgment enforcement decisions regarding court fee amounts subject to no ceiling level;

b/ Ten years after the date of issuance of judgment enforcement decisions regarding state budget remittances valued at less than VND 5,000,000.

2. Judgment debtors who have partially paid state budget remittances but have no assets for judgment enforcement may be considered for exemption from the remaining part of their obligation upon the expiration of the following time limits:

a/ Five years after the date of issuance of judgment enforcement decisions in case the remaining obligation part is valued at less than VND 5,000,000.

b/ Ten years after the date of issuance of judgment enforcement decisions in case the remaining obligation part is valued at less than VND 10,000,000.

3. Judgment debtors who have partially paid state budget remittances but have no assets for judgment enforcement may be considered for reduction of their judgment execution obligation upon the expiration of the following time limits:

a/ Five years after the date of issuance of judgment enforcement decisions in case the remaining obligation part is valued at between VND 10,000,000 and 100,000,000.

b/ Ten years after the date of issuance of judgment enforcement decisions in case the remaining obligation part is valued at over VND 100,000,000.

4. The judgment execution obligation exemption or reduction shall be considered regularly but a judgment debtor will be considered for exemption or reduction only once a year. In case a judgment debtor is obliged to pay many state budget remittances under different judgments or rulings, he/she will be considered for judgment execution exemption or reduction for each judgment or ruling only once a year.

Article 62. Dossiers of request for consideration of judgment execution obligation exemption or reduction regarding state budget remittances

Civil judgment enforcement agencies shall compile dossiers to request competent courts to consider judgment execution obligation exemption or reduction. Such a dossier comprises the following:

1. A written request for consideration of judgment execution obligation exemption or reduction, made by the head of the civil judgment enforcement agency or the chairman of the procuracy in case of request for consideration of fine exemption or reduction;

2. The court judgment or ruling or judgment enforcement decision of the civil judgment enforcement agency;

3. A written record of verification of judgment execution conditions of the judgment debtor, made within 3 months before filing the request for exemption or reduction consideration;

4. Other document proving the eligibility of the judgment debtor for consideration of judgment execution obligation exemption or reduction, if any;

5. Written opinions of the procuracy at the same level in case the civil judgment enforcement agency requests the consideration of the judgment execution obligation exemption or reduction.

Article 63. Competence and procedures for considering judgment execution obligation exemption or reduction regarding state budget remittances

1. Consideration of judgment execution obligation exemption or reduction regarding state budget remittances falls under the competence of people’s courts of districts, towns or provincial cities, and zone-level military tribunals (below collectively referred to as district-level courts) in localities where civil judgment enforcement agencies organizing the judgment enforcement are located.

2. Within 2 working days after receiving dossiers of request for judgment execution obligation exemption or reduction, courts shall accept these dossiers for handling.

Within 20 days after accepting dossiers, judges assigned to handle cases shall hold a hearing to consider judgment execution obligation exemption or reduction.

3. A hearing to consider judgment execution obligation exemption or reduction shall be chaired by a judge and participated by representatives of the procuracy at the same level and the civil judgment enforcement agency that has requested exemption or reduction consideration.

In considering judgment execution obligation exemption or reduction, the representative of the civil judgment enforcement agency shall briefly present the dossier of request for exemption or reduction consideration, while the representative of the procuracy shall give opinions on the dossier. After examining the dossier and considering opinions of the representatives of the procuracy and the civil judgment enforcement agency, the judge shall issue a ruling on acceptance, partial acceptance or non-acceptance of the request.

4. Within 5 working days after issuing a ruling on judgment execution decision obligation exemption or reduction, the court shall send it to the person eligible for consideration of judgment execution obligation exemption or reduction, the procuracy at the same level, the immediately higher-level procuracy, the civil judgment enforcement agency that has requested consideration of judgment execution obligation exemption or reduction, the custody facility or detention camp where the person eligible for consideration of judgment execution obligation exemption or reduction regarding state budget remittances is serving their imprisonment sentence.

Article 64. Protests against court rulings on judgment execution obligation exemption or reduction regarding state budget remittances

1. A court ruling on judgment execution obligation exemption or reduction may be protested by a procuracy according to appellate procedures. The time limit for a procuracy at the same level or an immediately higher-level procuracy to make a protest is 7 or 15 days, respectively, after receiving the ruling.

Upon the expiration of the above time limit, if the procuracy makes no protest, the court ruling will take effect.

2. Within 7 days after receiving a procuracy’s protest decision, the court that has issued the ruling on judgment execution obligation exemption or reduction shall transfer the protest and its dossier to its immediately higher-level court.

3. Within 15 days after receiving a protest dossier, the immediately higher-level court shall hold a hearing to consider the protest.

A hearing to consider a protest shall be chaired by a judge and participated by a representative of the procuracy at the same level. When necessary, the court may request the representative of the civil judgment enforcement agency that has compiled the dossier of request for exemption or reduction consideration to attend the hearing. The judge chairing the hearing shall issue a ruling on protest settlement.

Court rulings on settlement of protests against judgment execution obligation exemption or reduction shall be enforced.

4. In case the procuracy withdraws its protest decision before or during the hearing to consider the protest, the court shall rule on cessation of the protest consideration. The protested court ruling on judgment execution obligation exemption or reduction shall be enforced.

5. After the ruling on judgment execution obligation exemption or reduction takes effect, if the judgment debtor is detected to have hidden or dispersed assets for requesting judgment execution obligation exemption or reduction or shirking judgment enforcement, the civil judgment enforcement agency and the procuracy that has requested exemption or reduction consideration shall request a competent court chief judge or procuracy chairman under the criminal procedure and civil procedure laws to consider filing a protest against the ruling on judgment execution obligation exemption or reduction according to re-opening procedures.

Article 65. Financial assurance of judgment enforcement from the state budget

In case agencies and organizations entirely funded by the state budget and obliged to execute judgments have applied all necessary financial measures but remain unable to enforce judgments, the state budget shall assure the fulfillment of their judgment execution obligation. The material liability of damage-causing parties shall be handled under law.

The Government shall specify the competence, conditions, subjects eligible and procedures for financial assurance of judgment enforcement.