CHƯƠNG VII Luật thi hành án dân sự 2008: Xử lý vi phạm

Chapter VII.

HANDLING OF VIOLATIONS

Article 162. Acts of administrative violation in civil judgment enforcement

1. Failing to show up for judgment enforcement without plausible reasons after receiving the second notice or summons.

2. Intentionally failing to enforce a court ruling on application of provisional urgent measures or a judgment or ruling which must be enforced without delay.

3. Failing to perform a job which must be performed or to terminate the performance of a prohibited job under a judgment or ruling.

4. Intentionally delaying the performance of the judgment enforcement obligation through having conditions therefor.

5. Dispersing or damaging assets to shirk the judgment enforcement obligation or the asset distraint.

6. Failing to comply with enforcers’ request for supply of information and documents related to assets handled for judgment enforcement without plausible reasons.

7. Illegally using, consuming, transferring, fraudulently exchanging, concealing or altering the state of distrained assets, which is not seriously enough for penal liability examination.

8. Opposing, obstructing or instigating others to oppose or obstruct the judgment enforcement; verbally abusing, blaspheming or offending judgment enforcers on duty; disturbing public order at places where judgment enforcement is conducted or other acts of obstructing civil judgment enforcement activities, which are not serious enough for penal liability examination.

9. Breaking the seals of or destroying distrained assets, which is not serious enough for penal liability examination.

10. Failing to abide by enforcers’ decisions on deduction of accounts and incomes or withdrawal of valuable papers of judgment debtors.

Article 163. Competence to sanction administrative violations

1. The following persons are competent to sanction administrative violations in civil judgment enforcement:

a/ Enforcers who are conducting judgment enforcement;

b/ Heads of asset management and liquidation teams in bankruptcy cases;

c/ Heads of district-level civil judgment enforcement agencies;

d/ Heads of provincial-level civil judgment enforcement agencies and military zone-level judgment enforcement agencies.

2. Levels of sanctions against administrative violations in civil judgment enforcement must comply with the law on handling of administrative violations.

Article 164. Sanctioning of violations and settlement of complaints and denunciations about sanctioning of administrative violations in civil judgment enforcement

1. Sanctioning principles and statute of limitations, aggravating and extenuating circumstances, specific sanctioning order and procedures must comply with the law on handling of administrative violations.

2. Complaints and denunciations about sanctioning of administrative violations in civil judgment enforcement and settlement thereof must comply with this Law and other relevant laws.

Article 165. Handling of violations

1. Judgment debtors who intentionally fail to abide by judgments or rulings or fail to voluntarily execute judgment enforcement decisions shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability under law.

2. Agencies, organizations and individuals that fail to execute judgment enforcement decisions shall, depending on the nature and severity of their violations, be administratively sanctioned. If causing damage, they shall pay compensations therefor. Violating individuals can also be disciplined or examined for penal liability.

3. Persons who abuse their positions or powers to intentionally obstruct judgment enforcement or force enforcers into unlawfully conducting judgment enforcement; break the seals of, consume, transfer, fraudulently exchange, hide or destroy material evidence or assets or distrained shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations therefor.

4. Heads of civil judgment enforcement agencies who intentionally fail to issue judgment enforcement decisions or issue unlawful ones, enforcers who fail to strictly enforce judgments or rulings, delay judgment enforcement, apply unlawful measures to coerce judgment enforcement, or breach ethical rules of enforcers shall be disciplined or examined for penal liability. If causing damage, they shall pay compensations therefor under law.